[HISTORY: Adopted by the Township Committee of the Township of Mantua 8-15-1972 (Ch. 88 of the 1978 Code). Amendments noted where applicable.]
No excavating, digging or mining of sand or gravel 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.
[Amended 5-13-1975; 2-22-1983 by Ord. No. 2-1983]
Permits shall expire June 30 of each year and may be renewed upon the same conditions as were imposed upon the original issuance of the permit or upon amended, changed or modified conditions. Applications for renewal permits need not be referred to the 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 operate a sand or gravel pit or excavation, it shall be prerequisite to produce at the time of application and to 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/or 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 or penal sum of the bond, whichever is greater.
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 Planning Board for recommendation. Applications shall be accompanied by a site plan and certified test borings showing the conditions of the site 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 and 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 excavation or stripping operations, 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 lot area of the property 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.
Hours of operation. There shall be no operation on Sundays, legal holidays or at any time other than between the hours of 8:00 a.m., and 7:00 p.m., prevailing time.
All processes and equipment used in the permitted operation shall be constructed and operated in such a manner as to reduce 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 a manner as to prevent so far as is practicable the overloading of vehicles and the spilling of gravel, sand or any other materials on the street or highway.
Fencing. 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 area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation.
Slope. The slope of the material in any excavation shall not exceed the normal angle of repose or 26°, whichever is smaller.
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. 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. No excavation shall proceed beyond a depth of 20 feet below contiguous ground, unless the applicant can demonstrate to the appropriate municipal body that it will not have a deleterious effect on the surrounding environment.
Rehabilitation of the site. After any such operation, the site shall be made reusable for the 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 arable soil 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 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 the Mayor and Township Committee, the surrounding land uses require such screening for compatibility.
Performance bond. In the event that there is a breach of conditions of approval, the Mayor and Township Committee may, at the option of the Mayor and Township Committee and pursuant to an agreement with the surety, 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 prescribed in the aforesaid Subsection J, charging the cost thereof to either the applicant or 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.
After 10 days' notice and an opportunity to be heard, the Township Committee may revoke or suspend any permit issued hereunder if it finds that the permittee is violating the terms of this chapter or any state law.
No soil shall be removed which is within eight feet of the existing water table.
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 $50.
[Amended 2-22-1983 by Ord. No. 2-1983]
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 plan(s) and boring(s) relating to up to 50 acres: $1,000.
For review of site plan(s) and boring(s) relating to any site above 50 acres: $1,250.
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.
[Amended 4-25-1978; 4-25-1989]
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.