Township of Egg Harbor, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 12-28-1994 by Ord. No. 57-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
 Flood damage prevention— See Ch. 113.
Subdivision of land and site plan review— See Ch. 198.
Zoning — See Ch. 225.
[1]
Editor's Note: This ordinance also repealed former Ch. 189, Resource Excavation, adopted 9-28-1994 by Ord. No. 43-1994, as amended.
It is the purpose of this chapter to license and regulate all resource extraction operations for the protection of persons and property; for the protection and preservation of the public health, safety and general welfare of the Township of Egg Harbor and its citizens; to ensure that resource extraction operations shall be conducted in such a manner as to create a minimum of annoyance to other citizens from noise and dust; to provide for the safety of persons, particularly children; to provide for the free access of roadways surrounding the resource extraction operations; to provide regulations to ensure environmentally safe operations; and to ensure that the resource extraction sites shall be rehabilitated through a reclamation plan during resource extraction operations and after such operations have been completed or otherwise terminated.
For the purpose of this chapter, unless a different meaning clearly appears from the context, the following words shall be defined to include and to mean the following:
APPLICANT
The individual, partnership, corporation or any other legal entity, which shall include but not be limited to tenants, owners and licensees, who shall apply for a license.
COMMERCIAL PURPOSES
The sale or commercial use of sand, gravel, topsoil, clay or other products which are excavated or mined.
COMMITTEE
The Township Committee of the Township of Egg Harbor.
CONFINED AQUIFER
An aquifer which is surrounded by formations of less permeable or impermeable material.
CUMULATIVE IMPACT
The effect on the environment which results from the incremental impact of the action when added to other past, present and reasonably foreseeable future actions.
EFFECTS
Impacts, including but not limited to:
A. 
Direct effects, which are caused by an action and occur at the same time and place.
B. 
Indirect effects, which are caused by an action and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect effects may include but are not limited to growth effects and other effects related to induced changes in the pattern of land use, population density or growth rate and related effects on air and water and other natural systems, including but not limited to ecosystems.
C. 
Effects include health, safety, general welfare, ecological, aesthetic, historical, cultural, economic and social impacts, whether direct, indirect or cumulative. Effects may also include those impacts resulting from actions which may have both beneficial and detrimental consequences.
EXCAVATION
See "resource extraction."
FENCE
A barrier of materials or vegetation erected to enclose or screen resource extraction areas from adjacent roadways and properties.
LICENSE
A resource extraction license issued in accordance with this chapter.
LICENSEE
Any individual, partnership, corporation or other legal entity issued a license in accordance with this chapter.
LOT
Any parcel of land or portion thereof, the boundary lines of which can be ascertained by reference to the Egg Harbor Township Tax Maps.
MINING
See "resource extraction."
PERSON
Any natural person, partnership or corporation.
PREMISES
One or more lots or contiguous parcels of lots 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 Egg Harbor or by any documentation on file in the office of the Atlantic County Clerk.
RECLAMATION
The reconditioning, rehabilitation and restoration of the land affected by a resource extraction operation to a safe and productive use during and after termination of resource extraction operations.
RECLAMATION PLAN
A written plan to recondition, rehabilitate and restore the land affected by resource extraction operations. This plan shall be prepared by a licensed professional engineer and land surveyor licensed in the State of New Jersey.
RESOURCE EXTRACTION
Excavating, mining, mixing, screening, washing, grading, processing, stockpiling, storing, loading and any procedures necessary to prepare the sand, gravel, topsoil, clay, stone or other natural mineral products for removal from the site; except that recycling operations licensed by the State of New Jersey are excluded.
RESOURCE EXTRACTION OPERATION
All resource extraction except that caused by subdivisions and site plans which are valid pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or for which a valid construction permit has been obtained.
RESOURCE EXTRACTION PLAN
All information required by § 189-5E.
ROAD OR HIGHWAY
All state, county and municipal streets, roads and highways.
SITE
That lot or those lots licensed or to be licensed for resource extraction in accordance with this chapter.
SOIL
Surface soil, topsoil, dirt, stone, gravel, sand, humus, clay, loam and rock.
TOWNSHIP
The Township of Egg Harbor, Atlantic County, State of New Jersey.
TOWNSHIP CLERK
The Municipal Clerk of Egg Harbor Township.
This chapter is enacted pursuant to police powers permitted by N.J.S.A. 40:48-2 and not pursuant to N.J.S.A. 40:55D-1 et seq., which is provided for in Chapters 36, 198 and 225 of the Township Code.
No resource extraction operation shall be conducted under the provisions of this chapter unless a license shall have first been obtained as provided for herein, and no excavation shall be made and no resource extraction operation shall be conducted except in conformity with the provisions of this chapter. Notwithstanding the above, this chapter shall not apply to lands of the Township.
A. 
Applications for licenses shall be submitted to the Township Administrator upon forms provided by the Township Clerk and shall be signed and verified by the applicant and shall include:
(1) 
The name and address of the applicant, if an individual; if the applicant is a partnership, a partnership name and business address, together with the names of all partners and their residential addresses; if the applicant is a corporation, the full legal name of the corporation, the place of business of said corporation, the date and state of incorporation, the name and addresses of stockholders holding 10% or more of common and/or preferred stock of the corporation, the name and address of the corporation's registered agent and the name and address of legal representatives of the corporation, if any, and whether authorized to do business in the State of New Jersey.
(2) 
Information relative to the ownership of the land involved or any interest of the applicant, its officers, directors or stockholders in adjoining property. In the event that the applicant is not the owner, written consent of the owner must be furnished and the information required by § 189-5A(1) shall be supplied for each person, firm or corporation with a ten-percent or larger ownership interest in the property that is the subject of the application.
(3) 
Proof of liability insurance coverage for the licensee, in amounts of not less than $5,000,000 combined single limit for each accident causing personal injury and for property damage.
(4) 
Proof of liability insurance coverage for any contractor (other than independently owned or operated trucks) who contracts with the licensee for any part of the resource extraction operation, in amounts of not less than $1,000,000 total for each accident causing personal injury and $500,000 for property damage for each accident.
(5) 
A statement listing the equipment and apparatus to be used in the excavation operations. The list shall include a physical description of the equipment or apparatus; the manufacturer; year of manufacture; year of acquisition by the applicant; whether owned or leased; fuel used, if any, and the use or uses proposed for the equipment or apparatus by the applicant.
(6) 
An estimate of the volume of soil to be removed during the term of the license. The applicant shall also provide an estimate of the life of the site with respect to resource extraction. In the event that resource extraction will not or does not exceed 25,000 cubic yards per year, then certain provisions of the license application process, otherwise required by § 189-5A(6) to (14), may be waived or modified.
(7) 
A statement that all taxes are current. No license will be granted or renewed if all taxes are not current on the date action is taken on the final application. Taxes shall be kept current during the pendency of the application.
(8) 
Water quality data as required in § 189-5D(3).
(9) 
Fees as required in § 189-7.
(10) 
Performance guarantee as required in § 189-8.
(11) 
All plans and specifications as required in § 189-5B.
(12) 
Environmental impact statement as required in § 189-5C.
(13) 
Other reports and documents as required in § 189-5D.
(14) 
Reclamation plan as required in § 189-5E.
B. 
Plans and specifications required by this section shall be submitted with the application. All drawings of outbound surveys, topographical information or survey data shall be prepared, signed and sealed by a New Jersey licensed professional land surveyor. All drawings of improvements, technical information, restoration and reclamation data shall be prepared, signed and sealed by a New Jersey licensed professional engineer. All plans and specifications shall include the following:
(1) 
A legal description of the sites wherein the resource extraction operation is to be conducted and an outbound survey prepared by a land surveyor licensed by the State of New Jersey showing the entire tract, all buildings and roads within 200 feet thereof and existing and proposed final contours of the land involved in the resource extraction operation at two-foot intervals. This map shall include an area 200 feet from the boundaries of the proposed site.
(2) 
Where resource extraction is to be conducted, all entrances or exits to the tract involved, fences or gates erected or to be erected, equipment used or to be used in the operations are to be shown on the site plan and a narrative describing the method of operation is to be attached. All equipment and apparatus are to be stored on the licensed premises, at least 200 feet from the nearest boundary of the proposed site.
(3) 
All existing and proposed streets and rights-of-way, including railroad rights-of-way and public utility rights-of-way.
(4) 
A United States Geological Survey quadrangle map showing all roads, buildings, streams and bodies of water within 1,000 feet of the site.
(5) 
The names and addresses of all adjoining landowners within 500 feet of the site.
(6) 
A well search for all wells within 1,000 feet of the site.
(7) 
Existing water drainage conditions, with flow directions; all wooded areas and areas of vegetation; and all wildlife habitats.
(8) 
The limits or outbounds of the area or areas of the site within which the resource extraction operation is to be conducted during the term of the license.
(9) 
A schedule which includes the sequence and length of time for resource extraction.
(10) 
Routes to and from the site which will be used for the transportation of the soil to be removed.
(11) 
The proposed slopes of the site upon completion of the resource extraction operation.
(12) 
The location, size and use of all existing buildings on the site.
(13) 
A soils map.
(14) 
Provisions and facilities for stormwater and water management.
C. 
Environmental impact statement. Attached to the application shall be an environmental impact statement (EIS).
(1) 
Purpose. The EIS shall provide a full and fair discussion of significant environmental impacts on the environment within the Township.
(2) 
Contents. The EIS shall provide the information needed to evaluate the effects of the resource extraction operation upon the environment. The EIS shall include:
(a) 
An inventory of existing environmental conditions at the site and in the surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history and archaeology.
(b) 
A project description which shall specify what is to be done, and how it is to be done, during construction and operation.
(c) 
A listing of all licenses, permits or other approvals as required by law and the status of each.
(d) 
An assessment of the probable impact of the project upon all topics described in § 189-5C(2)(a).
(e) 
A listing of adverse environmental impacts which cannot be avoided.
(f) 
Steps to be taken to minimize adverse environmental impacts during construction and operation, both at the site and in the surrounding region.
(g) 
A reference list of pertinent published information relating to resource extraction, the site and the surrounding region.
(h) 
An executive summary which adequately and accurately summarizes the EIS. The executive summary shall stress the major conclusions, areas of controversy and the issues to be resolved.
(i) 
A list of the names, together with their qualifications (expertise, experience, professional discipline), or the persons who were primarily responsible for preparing it.
D. 
Documents and reports. Attached to the application shall be documents and reports which address the following:
(1) 
Soil borings at the rate of one boring per 20 acres to determine soil profiles and characteristics, and to define the surface level of the first groundwater aquifer. If these soil borings do not prove adequate to determine site soil profiles and characteristics, the Township Engineer may require and specify additional soil borings.
(2) 
A soil erosion sediment control permit-mining permit from the Cape-Atlantic Soil Conservation District.
(3) 
A water quality report shall be submitted with the initial application and thereafter as part of the annual report indicating water sample data or water test results, in conformance with the New Jersey Department of Environmental Protection guidelines for water quality monitoring. Said results shall be obtained in accordance with a water quality monitoring plan to be developed by an expert in the field of groundwater hydrology. The testing shall include annual monitoring of each of the primary and annual groundwater standards as set forth in N.J.A.C. 7:9-6, Primary and Secondary Drinking Water Standards and A-280 Chemicals, as amended and in effect at the time final action is taken on the final application. All results shall be prepared pursuant to current water quality standards established by the New Jersey Department of Environmental Protection.
(4) 
A highway traffic plan which shall delineate the proposed entrances and exits and the identity of personnel to be used for the purpose of highway safety and highway cleanup.
(5) 
Any application, plan or other documents, including correspondence, either submitted to or received from federal, state, county or municipal agencies relating to the site which is the subject of this application.
E. 
Reclamation plan.
(1) 
All applications for a license shall include a reclamation plan with the following information for the entire licensed premises as well as owned or co-owned adjacent properties previously mined either with or without a license:
(a) 
Method of stockpiling soil and overburden.
(b) 
Proposed grading and final elevation.
(c) 
Topsoil preparation and application.
(d) 
Type, quality and age of vegetation to be used.
(e) 
Fertilizer application, including method and rates.
(f) 
Planting plans showing planting method and schedule.
(g) 
Maintenance requirement schedule.
(h) 
Financial plan, including the cost for implementation and completion of the reclamation plan.
(2) 
Implementation of the reclamation plan shall be a continuous process, and each portion of the site shall be restored and reclaimed within one year after resource extraction operations are completed for that portion.
(3) 
All reclaimed areas shall be graded so that any slope shall not exceed one foot vertical to three feet horizontal.
(4) 
Reclamation shall result in the reestablishment of the type of vegetation which existed prior to the excavation activity and shall include:
(a) 
The planting of a minimum of 1,000 one-year-old seedlings per acre.
(b) 
Stabilization of exposed areas by establishing ground cover vegetation.
(c) 
Planting of characteristic indigenous shrub and tree species to the maximum extent practical. If, for instance, due to a change in elevation, a particular species would no longer thrive, a different species may be permitted.
(5) 
No earlier than 30 days and no later than 90 days after the reclamation plan has been completed, the license holder shall request an inspection of the site by the Township Engineer. Thereafter, the Township Engineer shall inspect and reevaluate the site and determine whether the improvements are in compliance with the approved reclamation plan. Upon certification by the Township Engineer that the approved reclamation plan has been complied with, the Township Committee may, in its sole discretion, release the performance guarantee to the license holder. In the event that there should be a breach of the reclamation plan by the licensee, written notice to the license holder or its representatives shall be made, and the Township may act on the performance guarantee and proceed with the reclamation of the site in accordance with the reclamation plan.
(6) 
The reclamation plan may, in lieu of the above, include a use for the property once resource extraction is terminated as approved by any of the following as final approval of an application for development:
(a) 
Planning Board pursuant to N.J.S.A. 40:55D-1 et seq.
(b) 
Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-1 et seq.
(c) 
Any appropriate state agency for solid waste management.
A. 
Within 10 days of any request, the Township Clerk shall mail an application for a license.
B. 
Each applicant shall file an initial application with the Township Clerk. This application shall include application fees and the information required in § 189-5A(1), (2) and (7).
C. 
Within 60 days after filing the initial application, the applicant shall file with the Township Clerk the final application along with all documentation and any additional fees required by this chapter.
D. 
Upon filing of the final application for a license, along with the appropriate fees, the following review procedure shall apply:
(1) 
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.
(2) 
In the event that the application is deemed incomplete, the applicant will be advised, in writing, of those items or submissions which are deficient. Thereafter, the applicant shall have 30 days in which to submit a completed application.
(3) 
No further review of the application shall be done until such time as the applicant completes the application.
E. 
At such time as the application has been deemed complete by the Township Engineer, the Township Engineer shall have 45 days to review the application and shall provide a written report to the Township Administrator for presentation to the Committee.
F. 
Upon receipt of the Township Engineer's report, the Township Administrator shall have 30 days within which to report to the Committee.
G. 
Upon report to the Committee by the Township Administrator, or any subsequent report following a corrected or revised application, the Committee shall have 30 days within which to take action upon the application.
H. 
There shall be no resource extraction unless and until the final application has been approved by the Township Committee.
A. 
Application.
(1) 
At the time of initial application, an application fee shall be paid to the Township as follows:
Estimated Volume of Soil to Be Removed per Year
(cubic yards)
Application Fee
0 to 25,000
$500.00
25,001 to 50,000
$1,000.00
50,001 or more
$1,500.00
(2) 
Application fees are nonreturnable if the application for the license is either denied by the Township or withdrawn.
(3) 
If the application fee paid at the time of initial application later proves to be inaccurate during the term of the license, the fee will then be adjusted and additional payment or refund of fees made at the time the inaccuracy is determined.
B. 
Review.
(1) 
At the time of initial application, an escrow for review shall be established with the Township at the rate of $50 per acre of the site, subject to a minimum escrow of $1,000.
(2) 
This escrow is to pay reasonable Township costs related to legal, engineering and planning review of the application.
(3) 
If any application is referred to an independent expert for a report, then, in such event, the applicant, upon being notified by the Township Clerk of such additional cost, shall pay the same within 14 days of said notification.
(4) 
If the application for a license is denied, all expenses to the Township shall be deducted from the review escrow and any balance remaining returned to the applicant.
(5) 
Additional escrow may be required when the original escrow is depleted by 70% and the resource extraction operation is still licensed or seeking a license or license renewal. Additional escrow shall be paid within 30 days.
C. 
Inspection.
(1) 
Inspection escrow shall be posted with the Township Clerk upon notification as follows:
Estimated Volume of Soil to Be Removed per Year
(cubic yards)
Inspection Escrow
0 to 25,000
$500.00
25,001 to 50,000
$1,000.00
50,001 or more
$1,500.00
(2) 
Additional escrow may be required when the original escrow is depleted by 70% and the resource extraction operation is still licensed or seeking a license or license renewal. Additional escrow shall be determined by the Township Engineer and paid within 30 days.
A. 
As part of the application, the applicant shall submit a performance guarantee with adequate surety, or cash in lieu thereof, to assure compliance with this chapter.
B. 
Upon review of the estimate of cost prepared by the applicant, the amount of the performance guarantee required will be determined by the Township Engineer and submitted to the Township Clerk.
C. 
Upon review of the estimate of cost to implement and complete the reclamation plan prepared by the applicant, the amount of the final performance guarantee required will be determined by the Township Engineer and submitted to the Township Clerk.
D. 
The performance guarantee will be conditioned upon the full and faithful performance by the applicant, within the time specified in the application, of all the proposed work in accordance with the provisions of this chapter and of the license issued pursuant thereto.
E. 
The surety, if any, shall be a recognized surety company authorized to do business in the State of New Jersey and approved by the Township Administrator.
F. 
At the request of the applicant, the amount of the performance guarantee may be adjusted annually by the Township Committee, upon the recommendation of the Township Engineer.
G. 
The performance guarantee shall remain in full force and effect during the entire period that resource extraction operations are conducted and until completion of implementation of the reclamation plan pursuant to this chapter.
H. 
The performance guarantee shall be adequate to assure compliance with this chapter. The guarantee shall be renewed annually during the period that the resource extraction operations are conducted and until completion of reclamation.
Unless otherwise more strictly regulated by state or federal law, the following regulations shall apply to all resource extraction operations:
A. 
Resource extraction operations and related activities shall be conducted for a period not in excess of 10 gross hours per day, starting no earlier than 7:00 a.m. and ending no later than 5:00 p.m., Monday through Friday, and starting no earlier than 9:00 a.m. and ending no later than 5:00 p.m. on Saturday. There shall be no trucking of any material to or from the resource extraction operation prior to the starting of operations or subsequent to 4:30 p.m. on any day when the resource extraction operation is open for business. Emergency equipment maintenance or emergency repair may be done at any time but shall not include starting or idling of engines before 7:00 a.m. or after 5:00 p.m., Monday through Friday, or before 9:00 a.m. and after 5:00 p.m. on Saturday.
B. 
Resource extraction operations or related activities shall not be conducted on Sundays except for emergency equipment maintenance or emergency repair, but which shall not include starting or idling of engines.
C. 
No equipment, trucks or other mechanical drives shall be started or have any engines idling before 7:00 a.m. during the week or 9:00 a.m. on Saturday.
D. 
The licensee must provide adequate dust control and soil erosion control measures consistent with the Cape-Atlantic Soil Conservation District. The licensee must provide proof of approval by the Soil Conservation District of their current plan and a copy of the current soil erosion plan must be filed with the Township Clerk. Any changes to the plan or notices of violations received from the Soil Conservation District must be filed with the Township Clerk within 10 days of receipt of the changes to the plan or the notices of violation.
E. 
No buildings, equipment, apparatus, resource extraction products or other materials shall be erected or stored except in a licensed area, but not within a distance of 200 feet of the perimeter of the site.
F. 
A stockade or chain-link fence (or vegetative barrier) having a minimum height of six feet shall be erected around those portions of the site abutting a public street or residential dwelling for the purpose of preventing access to the site. Such stockade or chain-link fence (or vegetative barrier) shall be located within one foot of the perimeter of the site, and all means of ingress and egress shall be controlled by substantial gates of similar height, which gates shall be closed and securely locked when not in actual use. No fence shall be so located so as to obstruct clear-sight distances as may be required by county or local government. Reasonable variations of fence alignment may be made in order to accommodate existing natural features and terrain thereby making erection of the fence practicable within the property lines of the site. Installation of fences shall be completed before the license is issued.
G. 
Signs shall be maintained at all entrances or exits of the site indicating the name, address and phone number of the licensee.
H. 
Wherever the site abuts a public street, continuous landscaping, at least 25 feet in width, shall be planted and maintained. The landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species and density as will provide a continuous landscaped area throughout the year.
I. 
Provisions shall be made for adequate drainage, soil and sediment control, point and nonpoint source water pollution control in accordance with the standards set by the New Jersey Department of Environmental Protection, the Cape-Atlantic Soil Conservation District and the Township. Surface runoff will be maintained on the site in a manner that will provide for on-site recharge to groundwater.
J. 
Provisions shall be made for the prompt removal from the public roads of any debris which has either fallen from any truck removing material from the site or has been washed out of the site either as a result of natural events or operation.
K. 
Whenever reclamation has commenced and is thereafter suspended and where such suspension of reclamation activities continue for 180 or more days, such action shall be deemed an abandonment of the reclamation process and a default under the performance guarantee, thereby entitling the Township to take appropriate action.
L. 
All processes and equipment used in the permitted operation shall be constructed and operated in a manner so as to reduce noise, dust and vibrations to an amount not detrimental to the normal use and enjoyment of an adjoining property, and each use shall utilize such dust collection or other devices as are necessary to ensure that the use will not constitute an objectionable condition.
Licenses shall be for a period of three years, but the applicant shall provide an annual report in accordance with the standards outlined in this chapter. Where approval of or certification by any state or federal regulatory agency or department is required, such approval or certification shall be filed with the Township Administrator prior to issuance of a license.
An annual report shall be submitted to the Township Administrator no later than one year from the date the license is issued and for every yearly anniversary thereafter for which the license is valid. This report shall indicate and describe compliance with the regulations and standards of this chapter, including payment of all property taxes as and when required, with specific attention to the reclamation plan. The annual report shall also describe any variances between the terms of the license and the resource extraction operation.
Mining or excavation activities are subject to the following requirements and standards:
A. 
Design.
(1) 
They shall be designed so that no area of excavation is closer than:
(a) 
Fifty feet to the perimeter of the site.
(b) 
Two hundred feet to a residence, church or school use which is in existence on the date the license is issued.
(2) 
A buffer shall not be excavated and/or filled with debris. All buffers are to remain natural and unoccupied.
(3) 
The above buffers shall be staked and flagged and the markings maintained during resource extraction operations.
B. 
They shall be carried out in accordance with the required excavation schedule which includes the anticipated length of time proposed for resource extraction.
C. 
Any existing body of water created by an existing resource extraction operation shall be graded in accordance with the following standards:
(1) 
From the shoreline into the water, a slope of 10:1 extending a minimum of 75 feet.
(2) 
From the shoreline landward, a slope of 5:1 extending a minimum of 20 feet to the inner edge of a thirty-foot-wide accessway.
(3) 
From the outer edge of the thirty-foot-wide accessway, a minimum slope of 50:1 extending 100 feet or to the toe of the slope of 3:1 required around the perimeter of the work area.
D. 
The surface area of any existing water body created by the resource extraction operation shall not exceed 35% of the site, provided that the slope requirements contained in § 189-12E and § 189-12N are complied with.
E. 
The depth of any existing water body created by the resource extraction operation shall not exceed 30 feet or be within 10 feet of the upper limit of the first confined or semi-confined aquifer.
F. 
All equipment, machinery and structures shall be removed within six months after the resource extraction operation is terminated and reclamation is completed.
G. 
Access roads shall comply with the following standards:
(1) 
Access roads must be a minimum of 30 feet and a maximum of 50 feet in width and 150 feet in length. The first 100 feet of the access road in its approach to the public highway shall be constructed in accordance with Township design standards to aid in prevention of tracking of material onto an improved public highway. The remaining 50 feet shall be constructed in accordance with the design standards contained in the Standards for Soil Erosion and Sediment Control in New Jersey, for stabilized construction entrances.
(2) 
Access road grading shall be away from the public highway to prevent sediment from washing onto the public road.
(3) 
The angle of the intersection of the public road must conform to the same regulations set forth in the Township Code concerning intersection of roads.
(4) 
In no case shall any new access road into the site intersect with a public highway less than 500 feet from the intersection of the public highway with any other public highway.
H. 
Stop signs shall be provided by the licensee and installed on any access road into the site at its intersection with the public highway, and the licensee shall be required to comply with any state and local regulations pertaining to the placing of stop signs. "Trucks Entering" signs shall be installed by the licensee on the public highway subject to the approving authority, at least 200 feet in each direction from the access road into the site.
I. 
All loaded trucks must be covered with a suitable cover that complies with all state regulations. All materials deposited on the public roads by spillage or by tracking from the wheels must be immediately removed by the licensee. This regulation shall apply to all public roads in the Township.
J. 
No natural vegetation at the site shall be disturbed, except where the excavation is currently being conducted. All natural vegetation shall be left and maintained on the undisturbed land and protected for landscape enhancement, screening and noise reduction purposes.
K. 
Cliffs greater than 15 feet in height and having a slope greater than 30º are prohibited.
L. 
Whenever any portion of the excavation shall have a depth in excess of 10 feet but less than 15 feet and a slope of more than 30º, there shall be erected a snow fence at least four feet high effectively blocking access to the area in which such excavation is located.
M. 
The slope of the material in any excavation shall not exceed the normal angle of repose of the material at the end of each Friday's operation.
N. 
No graded or backfilled area shall be permitted to collect water.
O. 
Dry-pit excavation shall be conducted so as to result in a dry-pit condition when restored and reclaimed. During the entire operation of the dry pit, no freestanding water shall be permitted to accumulate. A minimum two-foot separation shall be maintained between the bottom of any excavated area and seasonal high water.
P. 
No further excavation of any existing body of water below seasonal high water shall be permitted unless the excavation will serve as a recreational or wildlife resource, a water reservoir for public, agricultural or industrial uses or has received final approval in conjunction with a subdivision or site plan pursuant to N.J.S.A. 40:55D-1 et seq.
Q. 
Where conveyers discharge material of less than one inch in diameter onto stockpiles of such material, and where the free and uncontained fall of material being stockpiled from the conveyer to the highest point of the stockpile shall exceed a distance of six feet, a high-pressure water mist spray must be directed onto the material as it falls from the conveyer to the stockpile in such a manner as to reduce the accumulation and dissemination of dust.
R. 
All standards set forth in this chapter shall apply to all portions of the proposed licensed premises, whether resource extraction began before or after the passage of this chapter.
Reclamation of the site shall be conducted in accordance with the reclamation plan approved by the Township pursuant to this chapter.
All persons conducting resource extraction operations at the time of adoption of this chapter shall conform to the standards and requirements set forth herein upon the effective date of this chapter.
A. 
No license issued under the terms of this chapter shall be transferable in any manner whatsoever from the licensee to any other person or legal entity.
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 such transfer of license shall require the approval of the Township Committee.
A. 
This chapter shall be enforced by the Township Administrator who will investigate any alleged violation of this chapter. If the Township Administrator finds a violation, the Township Administrator, on an emergency basis, may immediately suspend the license issued under this chapter. Notice may be oral, confirmed in writing. The suspensions shall continue until the violation has been abated, but the Township Administrator shall afford a hearing to the licensee if request is made within 10 days of notification of the violation. The suspension shall continue pending the hearing.
B. 
In addition and not by way of limitation, the Township Administrator may suspend any license issued under this chapter for a violation thereof upon 48 hours' written notice. Any suspension shall continue until the violation has been abated.
C. 
The Township Administrator may revoke the license if there have been three suspensions during any twenty-four-month period. The appeal of such revocation will be to the Township Committee, which shall conduct a hearing. Any appeal from a license revocation by the Township Administrator must be taken to the Township Committee within 30 days of receipt of notice of revocation. The Township Committee shall schedule a hearing within 30 days after receipt of the appeal.
D. 
Notwithstanding any actions taken by the Township Administrator with respect to suspension or revocation of a license, the Township Administrator or his designee may prosecute a complaint for violation of this chapter in Municipal Court.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall, upon conviction thereof, be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Each day or portion thereof wherein a violation is found to have occurred shall be deemed a separate violation for the purposes of this section.