[HISTORY: Adopted by the Township Committee of the Township of Harrison
9-3-1974 by Ord. No. 6-1974. Amendments noted where applicable.]
[Amended 6-20-1977 by Ord.
No. 5-1977]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes stone, sand, gravel, fill earth and minerals.
Includes an individual person, firm, partnership, an association,
a corporation and all other forms of business entity.
Includes digging, excavating or removing stone, sand, gravel, fill
earth or minerals, except excavation and removal by an owner or tenant of
farmlands and premises for the primary purpose and in the bona fide process
of construction of an irrigation pond for agricultural use.
[Amended 6-20-1997 by Ord.
No. 5-1977]
A.
It shall be unlawful for any person to conduct the business
of digging, excavating or removing gravel either on his own land or on the
land of another person in the Township of Harrison, in the County of Gloucester,
for use off of or outside of the tract of land from which the same is excavated
or removed, without first making application for and obtaining a license in
accordance with the requirements of this chapter, except that no application
for or license shall be required by or for any person owning or occupying
farmlands and premises for excavation or removal of gravel for the primary
purpose and in the bona fide process of construction of an irrigation pond
on said premises for agricultural use.
B.
All applications for a license shall be accompanied by
an affidavit or affirmation of the applicant that the applicant has at least
10 days before filing of such application notified the owners of all real
property as shown on the current tax duplicate of the Township located within
200 feet in all directions of the property on which the business is to be
conducted of intention to file said application, either by serving a copy
of such notice on the property owner as shown on the said current tax duplicate
or his agent in charge of the property, or by mailing a copy thereof by certified
mail to the property owner at his address as shown on the said current tax
duplicate and if the owner happens to be a partnership by similar service
upon any partner or upon a corporation by similar service upon its President,
Vice President, Secretary or any other person authorized by appointment or
by law to accept service on behalf of the corporation.
It shall be unlawful for any person owning, possessing or otherwise
controlling any tract of land situate in the Township of Harrison to cause,
suffer or permit any other person to conduct the business of digging, excavating,
mining or removing gravel from such tract of land, unless such other person
shall present or show that he has obtained such license to conduct the said
business as required by this chapter.
Applications for licenses to conduct the business of digging, excavating,
mining or removing gravel as required by this chapter shall be signed and
verified by the applicant and shall contain or be accompanied by the following
information:
A.
The name and address of the applicant, if an individual;
the name, residence and business address of each partner, if a partnership;
the name and address of the principal owner and the plant manager, if a corporation;
and the name of the principal office of the corporation and where incorporated
and whether authorized to do business in the State of New Jersey.
B.
The name and address of the owner of the tract of land
on which the business is to be conducted, if the applicant is not the owner,
and shall be accompanied by the owner's written consent to conduct the business
thereon, if the applicant is not the owner.
C.
A legal description of the tract of land on which the
business is to be conducted showing the Township Tax Map block and lot numbers
on which said tract of land is located.
D.
Three copies of a map of said tract of land prepared
by an engineer or land surveyor licensed in the State of New Jersey showing
the entire said tract of land, all roads and buildings within 500 feet thereof,
all brooks, streams or bodies of water on said tract of land and within 500
feet thereof, all fences and gates, if any, erected or to be erected thereon
and all building, if any, to be erected thereon.
E.
Three copies of a topographical map prepared by an engineer
or land surveyor licensed in the State of New Jersey showing the actual ground
elevations of said tract of land as they are at the time of making the application
and three copies of a topographical map prepared by the same engineer or land
surveyor showing the ground elevations as they will be after all excavation
work is completed and the topsoil is replaced and graded and the tract of
land is rehabilitated as required by this chapter.
F.
A narrative describing the method of operation, the materials
to be mined or dug and the equipment to be used therefor, the hours during
which the business will be conducted, the type and approximate quantity of
gravel to be removed, the approximate times the business will be commenced
and completed and such other pertinent information as the Township Committee
shall require.
[Amended 10-5-1981 by Ord.
No. 8-1981]
Each application shall be accompanied by a fee of $50 on account of
the cost of review and processing the application, plus a fee of $25 per acre
for each acre and part of an acre contained in the tract of land described
in the application as the tract of land on which the proposed business is
to be conducted on account of the cost of engineering inspections and field
measurements.
[Amended 6-20-1977 by Ord.
No. 5-1977; 10-5-1981 by Ord.
No. 8-1981]
Every license shall expire on December 31 of the calendar year in which issued, so that each license shall be issued for either a full calendar year or such part of the calendar year that shall remain from the date of issue. Licenses may be renewed from year to year by persons who have complied with the provisions of this chapter and the conditions on which the license was granted, for a period of not more than five consecutive years. Applications for renewal of licenses shall contain the same information as required by § 129-4 of this chapter in the case of applications for original licenses and shall be accompanied by the same fees as required by § 129-5 of this chapter for original licenses and shall be accompanied by a performance bond as provided for in § 129-8 of this chapter as in the case of application for an original license.
[Amended 6-20-1977 by Ord.
No. 5-1977; 10-5-1981 by Ord.
No. 8-1981]
The applicant shall prior to approval of an application for license
submit to the Township Clerk for the approval of the Township Committee a
plan for rehabilitation of the tract of land on which the business is to be
conducted.
A.
Said plan for rehabilitation shall contain all of the information required in § 129-4 of this chapter. Said plan shall be referred to both the Harrison Township Planning Board and the Harrison Township Environmental Commission. Both said Planning Board and said Environmental Commission shall consider said plan and may at the discretion of either require a hearing thereon before a joint meeting of said Board and said Commission. Both said Planning Board and said Environmental Commission shall within 30 days after receipt of said referral report to the Township Committee with such recommendations as said Board and said Commission may have for rejection or approval or improvement of said plan. The Township Committee shall consider but shall not be bound by any recommendations made by said Planning Board or said Environmental Commission.
B.
Said plan for rehabilitation shall assure that after termination of the business conducted thereon, the tract of land shall be made usable for a use permitted by Chapter 225, Zoning, in the zone where the tract of land is situate, and that the slopes in any pit or excavation thereon shall not be steeper than two feet horizontally to one foot vertically, and that when topsoil is removed, sufficient arable soil shall be set aside and retained on the tract of land involved to be respread over same after the business is terminated, and that the area from which any surface soil or gravel is taken shall be brought to a final grade in accordance with the rehabilitation plan submitted with the application for license by a layer of earth three inches thick or to the original thickness, whichever is less, capable of supporting vegetation, and that fill used in rehabilitation shall be suitable material approved by the Township Engineer, that no stumps, tree branches or other debris of any kind whatsoever, shall be buried in the bottom of the excavation or covered over by topsoil or fill earth or left in the excavation to be covered over by topsoil or fill earth, but all of same shall be removed from the excavation, and that the rehabilitation required by this section shall be completed within a period of three months' time after termination of the business conducted on said tract of land.
The applicant shall prior to approval of the application submit a performance bond with adequate surety to assure rehabilitation of the tract of land on which the business is conducted in accordance with the provisions of § 129-7 above and in such additional amount necessary to pay cost of a final engineering inspection to determine whether ground levels of the tract as rehabilitated are as it was represented they would be at the time of making application for the license to conduct the business. The amount of the said performance bond shall be fixed for each application by the Township Committee in consultation with the Township Engineer and shall be based upon the reasonably estimated cost of rehabilitation in accordance with the provisions of this chapter. Said bond shall be a surety company bond issued by a surety company authorized to do business in the State of New Jersey and approved by the Township Committee. The applicant may with the Township Committee's approval pledge his own assets to assure rehabilitation, and the Township Committee may in its discretion accept such pledge in lieu of a surety bond if satisfied that adequate security is provided thereby.
The applicant shall prior to approval of any application obtain a public
liability insurance policy insuring against injury and damages to persons
and property resulting from the business to be conducted for such amount or
amounts as may be reasonably determined by the Township Committee on its consideration
of the nature and extent of the business to be conducted.
[Amended 10-5-1981 by Ord.
No. 8-1981]
The business shall be conducted in compliance with the following provisions:
A.
The tract of land on which the business is to be conducted
shall be not less than three acres in size.
B.
The business shall not be conducted at anytime on Sundays
or legal holidays and may be conducted only between the hours of 6:00 a.m.
and 7:00 p.m. on weekdays.
C.
All equipment and processing used in the conducting of
the business shall be constructed and operated in such manner as to reduce
noise, dust and vibration to the lowest possible level and so as not to be
objectionable or detrimental to the normal use of adjoining property, and
no explosives or blasting shall be used in conducting the business.
D.
The business shall be conducted by use of suitable equipment
in such manner as to prevent the spilling of gravel upon the public streets
and highways as a result of defective equipment and/or overloading vehicles.
E.
All topsoil, overburden and earth around the entire perimeter
of the excavation shall be pushed back at the end of each day of operation
of the business so that the top of the slope of the overburden is a minimum
of two times the depth of the excavation, but in no case less than 15 feet
from the perimeter of the excavation. The maximum slope of the overburden
shall be three to one.
F.
The perimeter of the excavation and any mechanical equipment
used in the conduct of the business shall be set back from and shall be at
least 50 feet distant from any lot or property line and from any public road,
street or highway adjacent to the tract of land on which the business is being
conducted.
G.
A sign showing the name and address of the person to
whom the license is issued shall be conspicuously posted at the main entrance
of the tract of land on which the business is conducted, and if the license
is issued to a partnership said sign shall show the names and addresses of
every partner, including the names and addresses of all partners in a limited
partnership, and if the license is issued to a corporation shall show the
names and addresses of all persons owning 10% or more of the stock of all
classes of stock of the corporation.
[Amended 10-5-1981 by Ord.
No. 8-1981]
The Township Committee may upon the complaint of any person or upon its own motion and after 10 days' notice to the person to whom the license is issued revoke or suspend any license issued by the authority of this chapter if it finds at a hearing at which the licensee shall have the opportunity to appear and be heard that the licensee is violating a material term or provision of this chapter, or any statute of the State of New Jersey, or any rules and regulations of any governmental department of the State of New Jersey and require the licensee to rehabilitate the land in accordance with the provisions of § 129-7 of this chapter.
[Amended 10-5-1981 by Ord.
No. 8-1981]
Any member of the Township Committee and any person or persons delegated
by the Township Committee, the Township Planning Board, the Township Environmental
Commission, the Township Construction Official and/or the Township Engineer
shall have the right at any time to enter on and inspect the business and
the tract of land on which the business is conducted. The Township Engineer
may also at any time after the original license is granted and at any time
after any renewal of the original license enter on said tract of land and
make additional and subsequent engineering inspections and field measurements
to determine whether there have been violations of any of the provisions of
this chapter or conditions on which the license was granted. The applicant
shall not be liable for any fee or charge for such additional and subsequent
inspections unless such inspections disclose a violation of the provisions
of this chapter or a violation of the conditions on which the license was
granted, in which case applicant shall pay and reimburse and be liable to
the Township for all costs and expenses of the Engineer's inspection work
and shall also pay and reimburse and be liable to the Township for the cost
of all proceedings against the applicant to enforce compliance with the provisions
of this chapter, including but not limited to the cost of further investigation,
special consultants deemed necessary by the Township Engineer, attorney's
fees, hearings and other proceedings incident to the enforcement of the provisions
of this chapter and the conditions on which the license was granted, including
the provisions for revocation or suspension of license for such violation.
[Amended 10-5-1981 by Ord.
No. 8-1981; 12-6-2004 by Ord. No. 40-2004]
Any person violating any of the provisions of this chapter shall be subject to a fine not exceeding $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, and this penalty may be imposed in addition to action on the bond as provided for by § 129-8 of this chapter and in addition to suspension or revocation of the license as provided for by § 129-11 of this chapter.
