It is the intent of this chapter to license and regulate the business
of mining of land and to provide for the protection of persons and property
and for the preservation of public health, safety and welfare of the inhabitants
of the Township of Wall and to insure that mining operations shall be conducted
in such a manner as to create a minimum of annoyance from noise and dust to
nearby owners or occupants of property, provide for the safety of persons,
and further to insure that the mined area shall be suitably and reasonably
rehabilitated after mining operations have been completed or otherwise terminated.
For the purpose of this chapter, certain words as used herein shall
be defined as follows:
MINING
An extraction process involving the excavation of soil, sand, gravel,
stone, clay, topsoil, humus, peat or other natural mineral deposits and the
removing of it from the mined premises.
PERSON
Includes any person, firm, partnership, association, corporation,
company or any other legal entity.
PREMISES
The land which a person has a right to mine as permitted by Chapter
140, Land Use and Development Regulations, or by variance or by virtue of a valid nonconforming use.
No mining or excavating shall be conducted within the Township of Wall unless a license shall have been obtained under the provisions of this chapter and unless the right to mine is permitted by Chapter
140, Land Use and Development Regulations, or has been granted by variance or has been established as a valid nonconforming use. No license shall be issued to any person who is not the owner of the premises.
Application for a license required by this chapter shall be made upon
forms provided by the Township Clerk. An application shall be submitted by
each current property owner covering all lots on which a mining operation
is proposed to be conducted, and the application shall be signed by the applicant
and shall be submitted to the Township Clerk on or before November 1 of every
other year, for the renewal of a license for the following two-year period.
All licenses shall be issued for periods of two years. The applications for
licenses shall contain 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 principal place of business if a corporation; and if a foreign
corporation, whether the same is authorized to do business in the State of
New Jersey.
B. The street address and the block and lot numbers of the
premises on which the mining operation is proposed to be conducted.
C. Five copies of the current plan submitted to the Freehold
Soil Conservation District of the premises where the business is to be conducted,
prepared by a licensed engineer and land surveyor, showing the entire tract
involved, all roads or buildings within 250 feet thereof, the existing elevations
of all buildings and structures on the premises, existing and proposed final
contours of the premises and adjoining lands, all brooks, streams or bodies
of water on the premises or within 250 feet thereof, all existing surface
and subsurface water drainage conditions and provisions therefor, all wooded
areas, the quantity in cubic yards of the material to be mined, the grades
of all abutting streets and lands, and all entrances or exits to the premises,
together with fences or gates erected or to be erected. Any requirements hereof
which are not shown in the Freehold Soil Conservation District plan may be
shown by an overlay.
D. The hours during which the mining or excavating will
be conducted.
E. The location and description of permanent monuments for
property corners and benchmarks at the limits of excavation sites.
F. A statement describing all equipment to be used directly
or indirectly in the mining operation and whether or not the said mining operation
is conducted above or below groundwater level.
G. Routes to be utilized in transporting materials within
the Township of Wall.
H. Proof of certification of a Soil Erosion and Sedimentation
Control Plan by the Freehold Soil Conservation District.
I. A test boring report providing the elevation of the seasonal
high water table in each five-acre section to be excavated, uniformly located
on the property.
J. A plan for rehabilitation of the site.
Each application for the issuance, renewal or transfer of any license
shall be accompanied by a fee of $1,500 to defray the Township's costs in
connection with the application.
All license applications shall be reviewed by the Township Engineer
who shall certify as to whether or not they comply with the requirements of
this chapter, and, if so certified, the Township Committee shall approve the
issuance of a license. All licenses shall expire on December 31 of the second
year for which they are issued, and may be renewed pursuant to the requirements
hereof for the issuance of licenses. A license shall be obtained for all premises
on which the owner has a nonconforming right to conduct mining operations.
No license shall be issued until the applicant shall have posted with
the Township Clerk a performance bond in the form and with a surety acceptable
to the Township Committee in the amount of $50,000 to insure the faithful
performance of the work for which the license is to be granted in compliance
with the provisions of this chapter, including all work required for the rehabilitation
of the premises.
After 10 day's notice and an opportunity to be heard, the Township Committee
may suspend or revoke any license issued under the chapter if it finds a pattern
of repeated violations or that the licensee is in violation of any material
term or provisions hereof or any applicable statute or regulation of the State
of New Jersey in such a manner as to result in substantial detriment to the
health, safety or welfare of the inhabitants of the Township of Wall.
Any expenses incurred by the Township in enforcement of this chapter
shall become a lien on the property if not paid within the calendar year in
which incurred.
Any person who violates any provision of this chapter or who otherwise fails to fully comply with any of the requirements of this chapter shall for each such violation or offense be subject to a fine as stated in Chapter
1, Article
I. Each day that a violation or offense continues shall constitute a separate violation hereof.
No mining license shall be issued under this chapter for any property
until the Township Clerk receives a certification from the Tax Collector that
all real property taxes and assessments pertaining to the property or properties
for which the mining license is to be issued are current and that no such
taxes or assessments are then due and owing.