[HISTORY: Adopted by the Township Committee of the Township of Mantua 4-25-1978 as Ch. 85 of the 1978 Code. Amendments noted where applicable.]
No mining or processing of glauconite may be done for commercial purposes in the Township of Mantua without first obtaining a permit from the Township Committee in the manner set forth hereinafter.
Permits shall expire December 31 of each year and may be renewed upon the same conditions as were imposed upon the original issuance of the permit. Applications for renewal permits need not be referred to the Township Planning Board for recommendation if, in the opinion of the Mayor and Township Committee, the applicant has conducted operations and rehabilitation on the site in accordance with the approved plan of operations and rehabilitation.
For a permit to mine glauconite, it shall be prerequisite to produce at the time of application and keep in force for the term of the permit a performance bond in an amount sufficient in the opinion of the Mayor and Township Committee to assure the rehabilitation of the site of operations, after having considered the area and depth of the excavation or proposed excavation along with any facts relevant to the cost of rehabilitating the site according to the terms of this chapter and site plan submitted by the applicant showing proposed final topography and proposed final site conditions. Such bond shall be issued by a recognized surety company authorized to do business in New Jersey and approved by the Mayor and Township Committee and shall obligate said surety to cause rehabilitation of the site according to the terms of this chapter and the site plan submitted by the applicant in the event the applicant fails to effect said rehabilitation. The obligation of the surety aforesaid shall be to cause the rehabilitation at its expense, limited, however, to the just sum of the bond.
Permits shall be granted only after application for said operation has been made to the Mayor and Township Committee, who shall refer the same to the Township Planning Board for recommendation. Applications shall be accompanied by a site plan and certified test borings showing the conditions of the soil at the time of application, proposed final conditions of the site, proposed area of operation, both existing and proposed final contours, the minimum distance between any excavation or stripping operation and existing street and property lines of existing structures, and the proposed manner of operation, and specifying whether the operation shall be conducted in stages, and, if staging is proposed or required, providing a plan of rehabilitation with respect to rehabilitation of the site made necessary as the result of an antecedent stage of work, the proposed manner of routing of traffic to and from the site and proposed restoration or improvement of the site at the conclusion of the excavation operation, and such other information as the Township Committee or the Planning Board shall deem necessary.
In addition, the following conditions shall be complied with:
The area of applicant's land on which the use is to be conducted shall be not less than three acres in size.
No permitted operation shall utilize blasting or explosives.
All processes and equipment used in the permitted operation shall be constructed and operated in such a manner as to minimize dust and vibration to an amount not objectionable or detrimental to the normal use 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.
All operations shall be conducted in such manner as to prevent so far as is practicable the overloading of vehicles and the spilling of materials on the street or highway.
Where any open excavation shall have a depth in excess of 10 feet or create a slope of more than 30°, 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 entrance of the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation.
No graded or backfilled area shall be permitted to collect stagnant water.
Minimum distance from lot lines. Cuts for any excavation and any mechanical equipment shall be at least 50 feet from any lot line, unless the written consent of the owner of the contiguous lot is first obtained. 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, nor within 500 feet of any church, school or public or semipublic building or within 1,000 feet of any residential or business development; provided, however, that as to lands owned by the applicant on the date of the adoption of this chapter whereon such mining operations have been and are being conducted, the restrictions mentioned in this subsection shall not apply to any public street, church, school or public or semipublic building or residential or business development constructed or created after the date of the adoption of this chapter.
Rehabilitation of the site. After progressive operations on portions of applicant's land respectively cease or are abandoned, said areas shall be brought to final grade by a layer of arable topsoil capable of supporting vegetation. Fill shall be of a suitable material approved by the Mayor and Township Committee. An appropriate visual barrier may be required to screen the removal operation if, in the opinion of the Planning Board and/or Mayor and Township Committee, the surrounding land uses require such screening for compatibility.
Performance bond. In the event that the Mayor and Township Committee considers there has been a breach of conditions of approval, 20 days' written notice of the time and place of a hearing before the Mayor and Township Committee shall be afforded to the applicant and his surety company to determine whether such breach has occurred. Should a decision be rendered adverse to the applicant, applicant shall be given a further period of 20 days within which to initiate a correction of the default or appeal from the decision of the Mayor and Township Committee. Should initiation of the correction of such breach or default be delayed after the expiration of the said twenty-day period or the expiration of time required for the appeal, and should said work of correction be unreasonably protracted or delayed after the initiation thereof, the Mayor and Township Committee may proceed to take possession of the site and proceed with the rehabilitation of the premises in accordance with the plan submitted in the aforesaid § 199-4, charging the reasonable cost thereof to either the applicant or the surety company, or both.
Liability insurance. Every operator or owner shall deliver a public liability insurance policy in limits fixed by the Mayor and Township Committee against liability arising from any such operation and activities incidental thereto during the period of such operation.
Every application for a permit and/or site plan review by the Planning Board or the Township Committee shall be accompanied by an application fee of $25.
In addition, each applicant shall deposit in cash with the Township Clerk, to be placed in escrow by the Township to cover the cost of professional services and review, including engineering and legal or other incidental expenses connected with processing and reviewing the applicant's site plan and borings and verifying site conditions originally and during the pendency of operations, a sum in accordance with the following initial schedule:
For review of site plans and borings relating to up to 10 acres: $500.
For review of site plans and borings relating to up to 25 acres: $800.
For review of site plans and borings relating to up to 50 acres: $1,000.
For review of site plans and borings relating to any site above 50 acres: $1,250.
The acreage to which reference is herein made shall be construed to be that portion of applicant's land in actual use for applicant's mining processes and shall be so indicated upon the site plan.
Sums not utilized in review and inspection process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall deposit such sum in the escrow account.
Each applicant who shall submit an application with accompanying site plan and certified test borings shall agree in writing to pay all reasonable costs for professional review of the application and professional inspection of the site during the pendency of the operations.
Any person, entity or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: imprisonment in the county jail or any place provided by the municipality for the detention of prisoners for a term up to but not exceeding 90 days or by a fine of not less than $100 and not more than $2,000 or by a period of community service up to but not exceeding 90 days, or any combination of the above.
Each day that a violation exists, occurs or continues shall constitute a separate offense for the purpose of imposing the penalties referred to above.