[HISTORY: Arts. I and II adopted by the Township
Committee (now Township Council) of the Township of West Windsor as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-27-1979 by Ord. No. 79-39 as Sec.
18-1 of the Revised General Ordinances]
[Amended 4-19-1999 by Ord. No. 99-07]
No person shall excavate or otherwise remove
soil for sale or for use other than on the premises from which the
soil shall be taken without first having procured permission thereof
from the township, except in connection with the construction or alteration
of a building on the premises and excavation or grading incidental
thereto or in connection with a pond soil bank, and/or pond soil bank
for agricultural purposes or in the operation of any horticulture,
floriculture, landscaping, sod or turf business.
[Amended 4-19-1999 by Ord. No. 99-07]
The township shall not consider any application for the removal of soil from the premises for sale or otherwise unless and until the owner of the premises shall first file with the township an application requesting such permission, together with a permit fee as established in Chapter 82, Fees, together with a map of the premises showing the contour lines and proposed contour grades resulting from such intended removal of soil in relation to the topography of the premises and the proposed inspection and approval of the Township Engineer. No such permission for soil removal shall be issued until such map has been filed and until the proposed contour lines and grades have been approved by the Township Engineer. The applicant shall obtain a test boring approved by the Township Engineer. The hours of operation shall be from 7:00 a.m. to 7:00 p.m. from Monday through Saturday, with no Sunday operation unless otherwise approved by the Mayor or designee.
[Amended 4-19-1999 by Ord. No. 99-07]
A.
Upon written request for a hearing made by the applicant
to the Business Administrator or the Business Administrator's designated
Hearing Officer, an opportunity to be heard shall be granted within
30 days thereafter, and the Business Administrator, in considering
and reviewing the application and in arriving at its decision, shall
be guided and take into consideration the public health, safety and
general welfare, and particular consideration shall be given to the
following factors:
B.
If after examining the application and the map provided for in § 143-2, and after the hearing, in the event that a hearing is requested by the applicant, the Business Administrator 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 creation of any sharp declivities, pits or depressions, soil erosion or fertility problems, depressed land values, nor create any drainage or sewerage problems or other conditions of danger, permission to remove the soil shall be granted.
[Amended 4-19-1999 by Ord. No. 99-07]
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 to the contour lines and grades, as approved
by the Township Engineer.
[Amended 4-19-1999 by Ord. No. 99-07]
The owner of the premises or the person in charge
of the removal of soil, when permission has been duly granted, shall
not take away the top layer of arable soil for a depth of six inches,
but such top layer of arable soil to a depth of six inches shall be
set aside for retention on the premises and shall be respread over
the premises when the rest of the soil has been removed, pursuant
to levels and contour lines approved by the Township Engineer, unless
permission to remove such soil shall be granted by the Township Engineer.
The finish grade shall not be lower than one foot above road grade.
[Amended 4-19-1999 by Ord. No. 99-07]
Before any permit or permission for soil removal
shall be granted or issued, the owner or applicant shall file with
the township a bond, in form and with surety acceptable to the Township
Attorney, in such amount as in the opinion of the Township Engineer
shall be sufficient to ensure the faithful performance of work to
be undertaken pursuant to the permission granted pursuant to the provisions
of this article.
No excavation shall be made and no soil shall
be removed under the provisions of this article 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 article.
[Adopted 12-27-1979 by Ord. No. 79-39 as Sec.
18-2 of the Revised General Ordinances]
[Amended 4-19-1999 by Ord. No. 99-07]
No excavating, digging or mining of sand, clay,
gravel or other mineral deposits may be done for commercial purposes
in the township without first obtaining a permit from the Township
Engineer.
A fee as established in Chapter 82, Fees, shall accompany the application for the purpose of paying the cost of administering this article. Permits shall expire annually on December 31 and may be renewed on the same conditions as originally issued and/or amended, changed or modified. An updated site plan with contours shall be submitted with the application or renewal.
[Amended 4-19-1999 by Ord. No. 99-07]
Prior to issuance of a permit to operate a sand,
clay or gravel pit or other mineral deposits excavation, it shall
be prerequisite to produce at the time of application and to keep
in force for the term of the permit a bond or cash payment in an amount
sufficient in the opinion of the Township Engineer to assure the rehabilitation
of the site of operations. Such bond shall be issued by a recognized
surety company authorized to do business in New Jersey.
Applications shall be accompanied by a site
plan, signed and sealed by a professional engineer and land surveyor
licensed in New Jersey, showing the proposed area of operation and
adjoining properties, both existing and proposed final contours, the
minimum distance between any excavation or stripping operation, existing
street and property lines and existing structures, the proposed manner
of operation, including the routing of traffic to and from the site,
and proposed restoration or improvements of the site annually.
In addition, the following conditions shall
be complied with:
A.
Days and hours of operation. There shall be no operation
on Sundays, legal holidays nor at any time between the hours of 7:00
p.m. and 7:00 a.m. on weekdays and 9:00 a.m. on Saturdays (prevailing
time).
[Amended 5-19-1986 by Ord. No. 86-09]
B.
Fencing. Where any open excavation shall have a depth
of 10 feet or more and shall create a slope of more than 30º,
there shall be erected a chain-link fence, or equal, at least six
feet high with suitable gates, where necessary, effectively blocking
access to the area in which such excavation is located. Such fence
shall be located 50 feet or more from the edge of the excavation.
C.
Erosion. The banks of any excavations which are created
by mining or quarrying operations shall be protected against the effects
of erosion by a natural growth of trees, shrubs or grass or by the
planting of shrubs and/or trees. The trees shall be planted at intervals
of not more than 50 feet.
D.
Lateral support. In any case, the licensed operation
shall not adversely affect the lateral support of abutting land or
other properties.
E.
Survey monuments. The property lines shall be adequately
defined by survey monuments and easily visible markers so that regulations
for keeping the excavation back from property lines can be checked
by visual observation.
F.
Slope. The slope of the material in any excavation
shall be one foot vertical to 1 1/2 feet horizontal from the
surrounding surface of adjacent land to the bottom of the aforesaid
excavation.
G.
Minimum distance from lot lines. The top of the natural
slope or cuts for any excavation and any mechanical equipment shall
be at least 50 feet from any lot line. Both the base and top of such
slope shall not be nearer than 200 feet to any public street or nearer
than 50 feet to any property line; or within 500 feet of any church,
school or public or semipublic building; or within 1,000 feet of any
residential or business development.
H.
Rehabilitation of site. After any such operation,
the site shall be made reusable for a use permitted in the zone. Where
topsoil is removed, sufficient arable soil shall be set aside for
retention on the premises and shall be respread over the premises
after the operation. The area shall be brought to a final grade by
a layer of earth of two feet in thickness or its original thickness,
whichever is less, capable of supporting vegetation. Fill shall be
of a suitable material approved by the Township Engineer.
I.
General regulations.
(1)
Control of smoke, dust and noise hazards shall be
in accordance with accepted standards of practice, including those
promulgated by state and federal agencies. The determination of compliance
with this subsection shall be based upon inspection by the Engineer
or the Health Officer of the township after proper investigation.
(2)
Control of operations or methods which may be injurious
to the persons in the community or which may cause pollution to the
air or water of the township shall also be in accordance with accepted
standards of practice. Determination of undue pollution of the air
or water of the township shall be the responsibility of the Health
Officer based on standards of health and welfare established by agencies
of the State of New Jersey and which, in the opinion of the Health
Officer, are injurious to the health and well-being of the citizens
of the community.
J.
Performance bond. In the event that there is a breach of conditions of approval, the township may, after five days' notice to the applicant or its representatives, take possession of the site and proceed with the rehabilitation of the premises in accordance with the plan subscribed in Subsection H, charging the cost thereof to either the applicant or surety company or both.[1]
K.
Liability insurance. Every operator or owner shall
deliver a public liability insurance policy in limits fixed by the
Mayor or designee against liability arising from any such operation
as activities incidental thereto during the period of such operation.[2]
L.
Pit areas shall:
(1)
Be graded and sloped finally so that they will blend
into the general topography of the area.
(2)
Not be operated or left in such condition that ditches
and other drainage facilities become silted or cause mosquito problems.
(3)
Have satisfactory natural drainage or may be left
as ponds, provided that they have a source of fresh water supply,
that a minimum depth of seven feet may be maintained therein, that
they shall be fenced as specified and that written approval of the
township and the property owner shall be obtained therefor. The applicant,
at the applicant's own expense, shall furnish and erect around the
periphery of such ponds a steel post and galvanized woven-wire fence,
at least four feet high, with one access gate, as shown on submitted
plans, or, if not so shown or prescribed, the fence shall be of a
type to be approved by the Township Engineer.[3]
After ten days' notice and an opportunity to
be heard, the township may revoke or suspend any license issued hereunder
if it finds that the licensee is violating the terms of this article
or any state law.
