Fairfield Township City Zoning Code
ARTICLE IX
Land Mining, Earth and Resource Extraction Operations
§ 450-44 Title.
This article may be known and may be cited as the "Land Mining, Earth, and Resource Extraction Operations Ordinance."
§ 450-45 Definitions.
For the purpose of this article, unless a different meaning clearly appears from the context, the following words shall be defined to include and to mean the following:
The cessation of resource extraction activity prior to completion with the intent to not resume resource extraction operations.
The Township Committee of the Township of Fairfield.
The final termination of resource extraction at the site of the operation, including the reclamation of any affected land in accordance with an approved reclamation plan.
A lot or lots which are, at the time of adoption of this article, being extracted as part of the regular business of the permittee and shall include the entire tract of land on which the permittee has conducted, without abandoning, resource extraction operations prior to 2006 and adjacent and/or contiguous lots not part of the lands on which resource extraction operations were conducted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As defined by N.J.S.A. 40:55D-4.
One who is issued a permit or a renewal permit under the terms hereof.
Any person, firm, partnership, association, corporation, company or organization of any kind.
One or more lots or contiguous parcels of land 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 Fairfield or in the office of the Cumberland County Clerk.
Both surface (topsoil) and subsoil, and shall include dirt, stone, gravel, sand, humus, clay, loam, rock, limonite and mixtures of any of these.
The Township of Fairfield, Cumberland County, State of New Jersey.
The Municipal Clerk of Fairfield Township or his designee.
§ 450-46 Prohibition of resource extraction operations.
The Township of Fairfield finds that for the public health, safety and general welfare of its citizens, all resource extraction operations are now prohibited throughout the Township of Fairfield except for existing resource extraction operations which may be continued subject to the requirements of this article.
A.
Permit required for existing operations. No person or owner shall cause, allow, permit or suffer any excavation for the removal of soil or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken without first having obtained a resource extraction permit from the Township Committee pursuant to this article.
B.
Application to Township Committee for permit. The application to the Township Committee for a resource extraction permit shall contain:
(1)
The name and address of the applicant. In the case of a lease agreement between landowner and mining operator, both the lessee and the lessor become joint parties to the application for a permit and are both bound to the conditions of the permit.
(2)
Approval from the Fairfield Township Planning and Zoning Board that the Existing resource extraction operation meets the requirements of this article
(3)
A statement by the applicant that it agrees to perform and comply with all applicable standards set forth in this chapter.
(4)
The posting of performance guarantees in the forms permitted pursuant to the New Jersey Municipal Land Use Law, or such other forms as may be approved by Township Committee, in the amount reasonably determined by the Planning and Zoning Board engineer to assure compliance with the approved reclamation plan.
C.
Issuance of permit. If the application and applicant complies with this chapter a permit shall be issued by the Township Committee. The permit shall be valid for a period of five years from the date of issuance thereof. Such permit shall be renewed by the Township Committee for succeeding five-year periods provided an application accompanied by either the promise of the applicant or such reasonable security as may be required, as provided above is received from the applicant and provided that the applicant meets all terms and conditions of this chapter or any other applicable ordinances or their amendments or supplements thereto. The application for renewal of the permit shall be filed within 60 days after receipt of written notice from the Township Committee of the upcoming expiration of the permit but not more than four months before the expiration of the permit, and provided the applicant is carrying out the requirements of the original permit. Issuance of a permit or renewal permit commits the applicant and the applicant's successors and assigns to faithful compliance with the Rehabilitation/Reclamation Plan and the provisions of this chapter and Chapter 27, Development Regulations, its amendments or supplements.
D.
Permit fees. After the approval of the permit or any renewal permit by the Township Committee, the applicant/permittee shall pay to the Township Clerk on an annual basis the sum of $50 per acre for each acre or part of an acre of land permitted by the Township Committee for the five-year term of the permit. The fee shall be collected by the Township Clerk at the beginning of each five-year term. The calculation of the permit fee shall be made by the Township Clerk after consultation with the Township Engineer and shall be based upon the actual land proposed to be mined under the permit as shown by the applicant's approved site plan and shall not be based upon the total number of acres owned by the applicant/permittee. The payment of the permit fee for the first year shall be made before any permit is issued to the applicant/permittee by the Township Clerk. Failure of the applicant/permittee to pay subsequent year permit fees shall result in revocation of the permit. The applicant/permittee shall be advised in writing of the failure to pay and given 30 days to pay the licensing fee. Failure to pay within 30 days shall result in permit revocation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Renewal permit commencement date. After the initial permit term of five years, each permit shall be renewed for an additional five-year term, provided all conditions of this chapter are met as more fully set forth above. The commencement date for any renewal permit shall be the date of the expiration of the prior permit.
F.
Application for approval. Before the issuance or renewal of a permit, the applicant shall make application therefor to the Fairfield Township Planning and Zoning Board for approval for the existing resource extraction operation and furnish in said application and accompanying documents the following:
(1)
The name and address of the applicant; if the applicant is a partnership, the partnership name and business address, together with the names of all partners and their residential addresses; if the applicant is a corporation, the name of the corporation, the place of business of such corporation, the date and state of incorporation, the names and addresses of all officers and the positions held in such corporation, together with the names and addresses of all directors of such corporation, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the name and address of the legal representative of the corporation.
(2)
The name and address of the owner or owners of the premises involved; if the owner or owners are a partnership, then the partnership name and business address and the names of the partners, together with their residential addresses; if the owner is a corporation, the name of the corporation, its place of business, the date and state of incorporation, the names and addresses of all officers and the positions held in the corporation, the names and addresses of all directors, the names and addresses of all stockholders holding 10% or more of the stock of the corporation and the name and address of the legal representative of the corporation, if any.
(3)
A detailed description of the premises and its location, together with the Fairfield Township Tax Map plate, block and lot number or numbers where the excavation or soil removal is to be conducted.
(4)
A survey and site plan of the premises for which the permit is sought, showing the property boundaries, existing topographical contour lines of the land involved and abutting lands and roads within 300 feet, together with a copy of the United States Geological Survey quadrangle sheets showing topographical information within one mile of the premises; the proposed topographical contour grades which will result from the intended soil removal; all roads and buildings, streams and bodies of water within 300 feet of the premises: the names and addresses of adjoining landowners within 300 feet; existing water drainage conditions; all wooded areas; the limit of the area or areas on the premises within which the soil operations or removal is to be conducted and the dimensions of the premises or lot; the existing elevations of the lands, buildings, structures, streets, streams, bodies of water and watercourses on the premises or lot and the proposed final elevations at each point where existing elevations are shown on the map which are to be changed as a result of completion of the proposed work; the proposed slopes and lateral supports at the limits of the areas, upon completion of the excavations and soil removal operations; the proposed provisions and facilities for water drainage; and an accurate cross section or sections showing the location or locations and quantities, in cubic yards, of soil to be removed. The map shall be prepared by a licensed engineer and surveyor licensed by the State of New Jersey.
(5)
If the owner is not the applicant, written consent of the owner to the application and proposed excavation and soil removal shall be submitted with the application as well as a statement of the relationship between the owner and the applicant.
(6)
Plans showing the place or places where the entrances or exits to the excavation or area of soil removal operation, fences or buildings are to be located. The same may be included on the survey and site plan.
(7)
A statement of the type of equipment and apparatus to be used in the excavation and soil removal operations.
(8)
The applicant's best estimate of the total cubic yards of soil to be removed pursuant to the permit.
(9)
The applicant's best estimate of the period of time for which the excavation or soil removal operations will be conducted and the removal completed.
(10)
A reclamation plan for the eventual rehabilitation and use of the site covered by the permit after the resources have been removed, which conforms to the terms of this chapter. Such a plan, at a scale of not less than one inch to 400 feet, showing topographic contour intervals at not less than 10 feet, should be adaptable to the particular surroundings and in general agreement with the Township Master Plan, as adopted. The plan shall show the proposed treatment of the channel of any stream within the rehabilitation area and limits of excavation which will protect, as much as is reasonably possible, the natural or improved channel and any adjacent wooded areas considered vital to the function of the rehabilitated area.
§ 450-47 Environmental impact statement.
Attached to the application for a renewal of a permit shall be an environmental impact statement, in accordance with 42 U.S.C.A. § 4331 et seq. The environmental impact statement shall include the following:
A.
Purpose. The environmental impact statement shall provide a full and fair discussion of significant environmental impacts. Statements shall be concise, clear and to the point and shall be supported by evidence that the applicant has made the necessary environmental analysis.
B.
Implementation. To achieve the purposes in Subsection A, applicants shall prepare environmental impact statements in the following manner:
(1)
Environmental impact statements shall be analytic rather than encyclopedic.
(2)
Impacts shall be discussed in proportion to their significance. As in a finding of no significant impact, there should be only enough discussion to show why more study is not warranted.
(3)
Environmental impact statements shall be kept concise. Environmental impact statement shall include a four-season study of the impact and effect of the operation on the environment and shall include a twenty-year projection and impact analysis.
(4)
Environmental impact statements shall serve as the means of assessing the environmental impact of proposed applicant's actions.
(5)
All factual representatives contained in the statement shall be under oath or affirmation.
C.
Timing. An applicant shall commence preparation of an environmental impact statement as close as possible to the time the applicant will submit his application for renewal of a permit so that preparation can be completed in time for the final renewal statement to be included with the permit application.
D.
Writing. Environmental impact statements shall be written in plain language and may use appropriate graphics so that decision makers and the public can readily understand them.
E.
Applicants shall use a format for environmental impact statements which will encourage good analysis and clear presentation of the alternatives included in the proposed action. The following format should be followed unless there is a compelling reason to do otherwise:
F.
Cover sheet. The cover sheet shall not exceed one page. It shall include:
G.
Summary. Each environmental impact statement shall contain a summary which adequately and accurately summarizes the statement. The summary shall stress the major conclusions, adverse impacts and the issues to be resolved. The summary should normally not exceed 10 pages.
H.
Affected environment. The environment impact statement shall succinctly describe the environment of the area(s) to be affected. Data and analyses in a statement shall be commensurate with the importance of the impact, with less important material summarized, consolidated or simply referenced. Verbose descriptions of the affected environment are themselves no measure of the adequacy of an environmental impact statement.
I.
Unavoidable adverse impacts. This discussion will include the environmental impacts of the proposed action, any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term impacts on the immediate site environs and the maintenance and enhancement of long-term productivity and any irreversible or irretrievable commitments of resources which would be involved in the proposal should it be implemented. It shall include discussions of:
(1)
Direct effects and their significance.
(2)
Indirect effects and their significance.
(3)
Possible conflicts between the proposed action and the objectives of local land use plans, policies and controls for the area concerned, including a discussion of possible conflicts between the proposed action and the objectives of the New Jersey Pinelands Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(4)
Energy requirements and conservation potential of various alternatives and mitigation measures.
(5)
Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures.
(6)
Means to mitigate adverse environmental impacts.
J.
List of preparers. The environmental impact statement shall list the names, together with their qualifications (expertise, experience, professional disciplines), of the persons who were primarily responsible for preparing the environmental impact statement or significant background papers, including basic components of the statement. Where possible, the persons who are responsible for a particular analysis, including analyses in background papers, shall be identified.
K.
Appendix. If an applicant prepares an appendix to an environmental impact statement, the appendix shall:
§ 450-48 Fees.
Each application for soil removal/resource extraction shall be accompanied by a nonrefundable application fee in the amount of $1,250 for the full five-year term of the permit. Said fee shall cover the cost of investigating and examining the application and information therein, legal services, notices, hearings and other processing costs. Said fee is in addition to and does not replace the escrow account provided in § 450-49.
§ 450-49 Escrow account.
A.
In addition to the nonrefundable fee provided in § 450-48, the Township Engineer shall issue a report to the applicant and to the Township Committee 10 days prior to the hearing regarding an escrow account to be provided by the applicant to cover the costs of professional services to be engaged by the Township Committee for the purposes of reviewing applicants and issuing reports thereon. The Township Engineer's report shall include the following if the inspection is to be performed by other than the Township Engineer or a member of his staff:
§ 450-50 Inspections.
A.
The permittee shall permit an annual inspection of the premises by the official charged with enforcement of this chapter for the purpose of determining whether or not the permittee is in full compliance with its permit as well as full compliance with all applicable ordinances, statutes, and relevant administrative rules and regulations. Said inspections of the premises shall be permitted at any reasonable time by such person or persons assigned to conduct such inspections as set forth in the Township Engineer's report pursuant to § 450-49. Such inspections may include the depth of the pit. The permittee shall pay any cost thereof, which costs shall be included as part of the escrow fee which is deposited with the Township pursuant to § 450-49 hereof, or as guaranteed by the letter of credit.
§ 450-51 Revocation of permit.
A.
Upon 10 days' notice and an opportunity to be heard before the Committee, the permit of any person may be revoked or suspended for such time or period as the Committee may determine for any violation of the terms hereof or the terms and conditions of any permit granted or issued hereunder, or a violation of any county or state regulation pertaining to the operation of a land resource.
B.
The hearing conducted pursuant to this section shall be held not less than 10 days from the date the permittee receives written notice of said hearing. The permittee shall be permitted to present evidence at such hearing, and a verbatim transcript will be kept of the proceedings. Upon the close of the hearing the Township Committee shall set forth by written resolution its findings of facts and conclusions.
C.
The permittee shall be given a reasonable amount of time to be set by the Committee to correct any violations during a period of suspension. If said violations are not connected within the time period allotted, the permit may be revoked.
D.
Appeal may be taken to the New Jersey Superior Court by the permittee in accordance with the applicable rules of Court for an action in lieu of prerogative writ.
§ 450-52 Waiver of provisions.
On application of the applicant or operator and for good cause shown, the Committee may specifically waive any section or provision of this article in whole or in part with the exception of § 450-46F(11).
§ 450-53 Violations and penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who violates any of the provisions of this article and/or engages in excavating, extracting or mining soil or other natural resources within the Township of Fairfield without a permit issued under this article shall be subject to a penalty as provided in § 450-42B per day for each day of violation. A violation of this article shall be deemed to be an ongoing violation and each day during which such violation continues shall be a separate offense.
§ 450-54 Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this article and, to this end, the provisions of each section, subsection, paragraph, subdivision or clause of this article are hereby declared to be severable. In the event that § 450-46 hereof shall be judged invalid by a court of competent jurisdiction, then all new applications for resource extraction permits shall meet all criteria as set forth in the remaining sections.
§ 450-55 Construction of provisions.
This article being necessary for the welfare of the Township of Fairfield and its inhabitants, it shall be liberally construed to effect the purposes thereof; provided, however, that any penalty sections herein shall be strictly construed in any prosecution thereof.
§ 450-56 Design standards for existing resource extraction operations.
The following design standards shall be applied to any request for permit for existing resource extraction operations, unless waived by the Fairfield Township Planning and Zoning Board, or unless waived by some earlier approval:
A.
Standards relating to property.
(1)
All equipment used for mining shall be constructed, maintained and operated in such a manner as to reduce, as far as is practical, noise, vibration and dust. The owner or operator of a land mining, earth and resource extraction operation shall ensure that vibration and dust occurring from the extraction of resources or from the operation of equipment or structures incident to the same are properly maintained and operated so as to utilize muffling or insulating devices to minimize vibration and conducted in such a way as to reduce or eliminate dust, including the spraying of water on and at the extraction point in dusty conditions.
(2)
Setbacks. Extraction shall not be conducted closer than 50 to the boundary of an adjoining property line, unless the written consent of the owner of property is first secured. Where operations are intended to be conducted on adjoining property, the adjoining landowner shall be included on any application for a permit under this chapter. extraction shall not be conducted closer than 150 feet to the center of the right-of-way line of any dedicated and accepted public street, road or highway.
(3)
Buildings, including accessory buildings, shall conform to the schedule of minimum requirements for established districts as set forth in this chapter of the Code of the Township of Fairfield.
(4)
Restriction of access. For any excavation within a one-fourth-mile radius of which there are more than 25 single-family residential units and which excavation results in or produces, for a period of at least one month, collections of water or slopes at least as steep as 1 1/2 feet horizontal to one foot vertical, there shall be placed a gate or guard across all access roads to public highways.
(5)
Roads. All access roads from extraction operations to public highways, roads or streets or to adjoining property shall be paved, treated or watered so far as is practicable to minimize dust nuisances. The owner and operator of a land mining, earth and resource extraction operation shall be responsible for cleanup of any earth, dust or other accumulation deposited upon the roadway by any motor vehicle, truck or common carrier traffic picking up or discharging extracted resources. The Township Public Works Department may conduct such cleanup and assess costs of the same against the owner and/or operator of the operation after giving notice to the owner and/or operator that cleanup of the roadway is required for the health, safety and welfare of residents and travelers upon the roadway.
(6)
Hours of operation. Unless modified by the Planning and Zoning Board, no land mining, earth and resource extraction operations pursuant to this article shall be conducted before 7:00 a.m. in the morning nor after 6:30 p.m. in the evening Monday through Friday, nor before 7:00 a.m. in the morning nor after 3:00 p.m. on Saturdays. There shall be no operations of any kind on Sundays.
(7)
Excessive noise prohibited. All activities shall conform with the applicable state noise regulations under the Noise Control Act of 1971, N.J.S.A. 13:1G-1 et seq.
(8)
Idling and standing by. The owner and operator of a land mining, earth and resource extraction operation shall clearly mark all entranceways to the premises sufficiently to give warning to any and all motor vehicle, truck or common carrier traffic picking up or discharging extracted resources that idling or standing prior to the hours of operation listed in Subsection A(6) above is prohibited. The owner and operator a motor vehicle, truck or common carrier traffic picking up or discharging extracted resources shall not idle or stand at the entrance to a land mining, earth and resource extraction operation prior to the hours of operation listed in Subsection A(6) above.
B.
Standards relating to production and processing.
(1)
All mining operations shall be conducted in a manner not inconsistent with the rehabilitation plan and in such a manner that the objectives of the plan may be realized after the sand and gravel have been removed.
(2)
If overburden is stockpiled in either windrows or concentrated piles, it shall be stabilized in a manner so that it does not become a source of dust and dirt to adjacent property owners. Topsoil, when practicable, shall be stockpiled separately from the rest of the overburden.
(3)
No operation shall accumulate or discharge beyond the property lines any waste matter in violation of the applicable standards of the New Jersey State Department of Health.
C.
Standards relating to land rehabilitation.
(1)
The parties to the permit for extraction mining, including any applicant, owner or operator, are responsible for the rehabilitation of the area is substantial compliance with the rehabilitation plan on file with the Township Committee.
(2)
Dry-pit rehabilitation. The dry pit may be backfilled with sand, gravel, overburden, topsoil or other nonnoxious, nonflammable, noncombustible solids. For excavations backfilled and rehabilitated, the following requirements shall be met:
(a)
The graded or backfilled area shall not permit stagnant water to collect or remain therein.
(b)
The finished topography and surface of the area shall be in such a manner so as to not be uncomplementary with the surrounding area and shall be consistent with the finish topography and surface of adjacent lands and area to all practicable extent.
(c)
The finished final condition of the area shall be in substantial compliance with the rehabilitation plan.
(3)
Wet-pit rehabilitation. Like dry-pit rehabilitation, the wet pit may be filled. Filling must be accomplished in accordance with the conditions set for dry-pit rehabilitation. In the alternative, the wet pit may be converted into a lake, in accordance with the rehabilitation plan approved by the Township Committee.
(a)
All banks shall be sloped to the waterline at a slope which shall not be steeper than two feet horizontal to one foot vertical (three to one for public recreation lakes).
(b)
All banks shall be stabilized unless otherwise called for on the approved rehabilitation plan.
(c)
Stabilization shall be accomplished by surfacing with soil of a quality at least equal to the topsoil of land areas immediately surrounding.
(d)
Such topsoil as required by Subsection C(3)(c) above shall be planted with trees, shrubs, legumes or grasses upon the parts of such area where re-vegetation is possible.
(e)
The finished condition of the rehabilitated area shall be in substantial conformance with the rehabilitation plan.
§ 450-57 Abandonment and cessation of operations.
A.
Abandonment. In the event a permittee, owner or operator abandons an operation as defined herein, the Township may call upon any surety to fulfill any and all obligations of the permittee, owner or operator, or may perform any reclamation work necessary to meet minimum standards for the land to be reclaimed. In the event that the Township elects to perform any or all reclamation work, then the cost of the same shall constitute a lien on the property which shall be recognized, recorded and enforced as with any other municipal tax or other lien upon the property.
B.
Completion. In the event a permittee, owner or operator completes an operation as set forth in the permit documents and reclamation plan, including the implementation of the reclamation plan, the operation and the permittee, owner and operator shall be released of all further obligations under this article upon certification in writing by an engineer licensed by the State of New Jersey that the reclamation is in compliance with the approved reclamation plan as provided by the New Jersey Municipal Land Use Law.