Millville City Zoning Code
ARTICLE XXII
Resource Extraction
§ 30-248 Permits and licenses required.
In any zoning district as provided in the Schedules of District Regulations, no sand, gravel, rock, earth, minerals, clay or other burden shall be moved or extracted until a conditional use permit is obtained from the City of Millville Planning Board and any licenses required by this or any other ordinance of the City of Millville or other applicable regulation have been obtained. Applications for conditional use permits for resource extraction shall be made in writing to the City Planning Board and in addition to any requirements as hereinafter set forth including § 30-45 of this chapter.
§ 30-249 Definitions.
The following definitions shall apply to resource extraction.
See § 30-251C(13) of this section for conditions of determination of abandonment.
A mining operation where land is being disturbed in preparation for and during the removal of a mineral material, not including casual use as defined herein.
A pile or mound of earth capable of acting as a visual screen or used to control drainage or erosion.
The generally flat area at the lowest level adjacent to the face of the pit; also commonly known as "toe of slopes."
The temporary use of lands for geological investigations (test drilling, sampling, etc.) which do not involve either any significant surface disturbance or site preparation.
Lands shall be considered contiguous to each other if they abut each other, or if they are separated by streets, ways, pipelines, electric power lines, conduits or rights-of-way, owned or controlled by third parties.
Land on which clearing has occurred, excavation has occurred or upon which overburden has been deposited, or both.
An excavation in which the bottom conduits or rights-of-way are owned or controlled by third parties.
The removal of sand, topsoil, gravel, fill dirt or mineral or clay products for sale or use at another site but not including agricultural operations or the process of grading a lot preparatory to the construction of a structure for which application for building permit has been made.
Shafts, tunnels, entries, winzes, slopes, open cut and any working places and parts of a mine, either above ground or underground, excavated or being excavated, whether abandoned or in use.
The sides from the bottom or floor of a pit or quarry to the surface surrounding the pit. Where one or more benches or levels are used in a pit, each bench or level has a separate face.
Any mines within the City, whether on the surface or underground and any mining plant, material equipment or explosives on the surface or underground which may contribute to the mining or handling of ore or other metalliferous or nonmetalliferous products. The term "mine" shall also include quarry, sand pit, gravel pit, clay pit and shale pit.
Earth extraction, excavations, workings, production, processing, stockpiling, loading and all other functions and accessory uses necessary and related to the proper operation of a mine.
Individual, partnership, firm, association, trust or corporation responsible for the general operation, management and condition of the facility located at the mining site in question, for which a permit is applied for or granted for any activity covered by this article.
Soil material of any nature (including topsoil), consolidated or unconsolidated that overlies a mineral deposit of useful materials or ores that are to be mined.
The specific land proposed to be used for mining operations, including required buffers, reclamation areas and related plant facilities.
Includes any excavation, pit, bank or open cut working for the extraction of stone, rock, gravel, sand or any other mineral and shall embrace any and all parts of the property of such quarry or open pit mine that contribute directly or indirectly to the extraction of such mineral.
The restoration of an area of land (to include filling, grading, topsoiling, revegetation, equipment removal, etc.) such that the land is made useful for some future use.
The distance from the bottom of excavation in the case of a dry pit and the normal seasonal high waterline in the case of a wet pit, to a referenced line (i.e.: property line, zoning line, right-of-way line) when measured at right angles to the referenced line.
An excavation in which the bottom is normally wet and the bottom of which is at or below the normal seasonal high water table.
§ 30-250 Requirements for conditional use permit.
Applications for conditional use permits for mining/extraction use as defined in § 30-4 hereof shall be made in writing to the Millville Planning Board and shall include the following information, unless specifically waived by the Board in writing, designed to comply with the provisions of this Article XXII.
A.
General information.
(1)
Thirteen copies of completed application form including, but not limited to the following:
(a)
The name, address and phone number of the applicant, the lessee, the mining operator and the property owner. In case of a lease agreement between the landowner and mining operator, the application shall be accompanied by the written consent of the landowner granting the municipality the right of access to make inspections to ensure compliance during periods of operation and to perform all necessary reclamation of bonded property in the event of forfeiture of the bond.
(b)
The name and phone number of the person responsible for the daily operation of the mining facility, who has the authority to act as agent for the operator.
(c)
The official City Zoning Map classification of the area where the applicant proposes to engage in a mining operation.
(d)
Location to include road, tax map sheet block and lot.
(e)
Total acreage (to nearest 1/10 of an acre) of permit area, tax lot, and sum of all contiguous lands owned or leased by the same owner or lease holder.
(f)
Brief description of the proposed use.
(g)
Interest of applicant if other than owner.
(h)
If the applicant is a corporation or partnership, the corporation or partnership shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock or at least 10% of the interest in the partnership.
(2)
A written boundary description prepared by an engineer or land surveyor of the specific land upon which the applicant proposes to engage in a mining operation (permit area) and the total number of acres (to the nearest 1/10 of an acre) for which a mining permit is requested. This description may be either a legal metes and bounds description or a description of natural boundaries such as roads or streams.
(3)
A copy of the most recent Tax Map sheet indicating the location of the proposed permit area.
(4)
An aerial photograph at a scale of one inch equals 200 feet which accurately reflects the conditions of the site at the time of application with the permit area delineated.
(5)
Thirteen copies of all documents and plans required under § 30-250B to E of this chapter shall be submitted to the Board for review. Upon approval, two reproducible Mylars of each of the approved plan drawings shall be submitted to the Board for approval signatures, one of which will be returned to the applicant and one of which will be retained by the City.
(6)
A list stating the status of any local, county, state or federal approvals or permits which the applicant is required to obtain, to include, but not be limited to, the following:
(a)
New Jersey Department of Environmental Protection-Water Diversion.
(b)
New Jersey Department of Environmental Protection-Stream Encroachment.
(c)
Coastal Areas Facility Review Act (CAFRA).
(d)
New Jersey Wetlands.
(e)
Cumberland County Soil Erosion and Sedimentation Control Plan.
(f)
Local or county site plan approval.
(g)
Riparian rights.
(7)
Proof of notice of applicants as required by N.J.S.A. 40:55D-12 as presently enacted or hereafter amended.
(8)
A certified check or money order in an amount equal to the permit and application fee.
B.
Existing conditions site plan.
(1)
A plan prepared at a scale of one inch equals 200 feet which shall clearly show conditions on the site at the time of application and shall include the following details:
(a)
The perimeter metes and bounds data of the proposed permit area, based on physical features, scaled directions and scaled distances to the nearest 10 feet.
(b)
A site locator map based on the Official Cumberland County Map showing the location of the site.
(c)
Contour lines based on USC & GS datum at the minimum interval available from existing data (i.e., USC & GS quadrangle sheets, county data, topography plan of site, etc.) but in no case less than ten-foot intervals.
(d)
Roads or streets within 500 feet of the site showing name, right-of-way width, pavement width and pavement type and any available traffic count data.
(e)
Primary and emergency routes of access to the site from dedicated City or county roads showing ownership, pavement width and type, and any easements, if existing.
(f)
Any and all easements through or adjacent to the site identifying the width and nature (i.e. electric, drainage, etc.).
(g)
Natural land features such as watercourses drainageways, swamps and wooded areas, as well as any easements, if existing.
(h)
Man-made features, such as buildings, equipment structures, dams, dikes and impoundments of water.
(j)
Soil type classifications plotted on the plan as determined from the County Soil Survey Report prepared by the United States Department of Agriculture, Soil Conservation Service.
(2)
A master plan which shall show the entire tract (tax parcel) of land with the permit portion delineated, and all adjacent tracts of land owned by the same or related owner. The plan may be prepared at an appropriate scale to enable all tracts to be shown on a single sheet. The following data shall be indicated:
(a)
The Municipal Tax Map block and lot numbers and acreage of all parcels.
(b)
All other parcels within 200 feet of that parcel of which the proposed permit area is a portion indicating block, lot, owner's name and acreage as determined from most recent municipal tax records.
(c)
Present land uses of all parcels shown (i.e., vacant , farmland, dwelling, etc.) and general locations of all existing mining facilities on the owners or adjacent parcels indicating type of facility (i.e., pits, stockpiles, plants and equipment, etc.).
(d)
Previously approved permit areas.
(3)
Soil and groundwater results from soil borings within the permit area at a minimum depth of 10 feet or groundwater, whichever is greater, showing date of boring, depth to groundwater, direction of groundwater flow and log of general soil types encountered. The number and distribution of soil borings to be conducted shall be determined by the City engineer based on site specific conditions.
C.
Operational plan.
(1)
Purpose. The purpose of an operational plan is to provide the municipality the opportunity to ensure that the operation of a sand mining facility will conform with the environmental performance standards and the reclamation plan as are required within this article.
(2)
A plan prepared at a scale of one inch equals 200 feet utilizing existing contours and topography from Subsection B of this § 30-250 as base data, which, in addition shall show the following details:
(a)
Processing with intended uses.
(b)
Specific areas to be excavated including proposed depth of excavation.
(c)
Proposed location of principal service or processing buildings, equipment and enclosures.
(d)
Phasing of operations showing areas involved serially numbered and projected timetable.
(e)
Access roads to processing and mining areas indicating type surface, traffic patterns, and volumes, and nature of each.
(f)
Location of screening berms, overburden storage, and topsoil stockpiles with notes provided indicating when they will be used as reclamation material and temporary treatment to prevent erosion.
(g)
Fences and gates including their type of construction.
(h)
Site drainage features indicating flow directions.
(3)
An operational statement which shall clearly describe the intended general method and sequence of the operation and shall include, but not be limited to, the following:
(a)
The approximate date of commencement of the excavation and the duration of the operation.
(b)
Proposed hours and days of operation.
(c)
Estimated type volume and final depth.
(d)
Method of extracting and processing, including the disposition of overburden or topsoil.
(e)
Equipment proposed to be used in the operation of the excavation.
(f)
A description of the sequence of the operation indicating for the serially numbered areas in § 30-250C(2)(d), the approximate starting dates, phasing, timing and duration.
(4)
A preliminary environmental assessment based on existing data which shall include an analysis of the impact of the proposed operation and measures taken to minimize any adverse impacts, in terms of the following conditions:
(a)
Physical characteristics, including air quality, hydrology, groundwater, surface water topography and slope, drainage, vegetation, and soil erosion and water table.
(b)
Wildlife, including fish and aquatic organisms, wild animals, threatened and endangered species.
(c)
Man-made conditions, including sanitary and storm sewer systems, noise characteristics and levels, traffic volume, land use and aesthetics; and impact to adjacent water supply.
(d)
Community character, including demography cultural and historic resources, particularly archaeological significance.
(e)
A listing and evaluation of adverse environmental impacts which cannot be avoided.
(f)
A thorough description of the steps to be taken to minimize adverse environmental impact before, during, and after construction of the development both at the construction site and surrounding region affected thereby.
D.
Reclamation plan.
(1)
Purpose. The purpose of a reclamation plan is to provide the applicant for an extraction operation the opportunity to illustrate and describe the general methods and staging that will be undertaken to preserve the natural resources of the remaining areas of the site for some future development, as required by this article.
(2)
A sketch plan prepared at a scale of one inch equals 200 feet which shall show the following details:
(a)
Planned final land grades of the disturbed areas with five-foot contour intervals for slopes of 15% or less and ten-foot intervals for slopes greater than 15% and delineation of slope areas greater than 15%.
(b)
Location and type of existing vegetation associations to remain undisturbed (such as mature wooded areas, successional areas, meadows, etc.).
(c)
Estimated final depth of excavation.
(d)
Location and nature of existing and proposed surface water features (i.e., lakes, ponds, streams, etc.) and their connections to streams or drainageways.
(e)
Permanent buildings, structures or equipment to remain.
(f)
Proposed typical landscaping plan in accordance with § 30-251C(11) indicating type, quantity, and size of plantings.
(g)
A statement of alternatives to the proposed development which might avoid some or all of the adverse environmental effects.
(h)
Location and nature of any areas to be filled with overburden.
(i)
Roads to remain, with nature and condition of each.
(j)
Permanent soil erosion and sedimentation control facilities or structures.
(k)
A delineation of the phasing of areas (indicated by letters or numbers) showing the extent of each phase.
(3)
A reclamation statement which shall clearly describe the methods of accomplishment, phasing and staging sequence and shall include but not be limited to the following:
(a)
Description of the planned phasing indicating areas to be reclaimed (referenced by letter or number on plan, § 30-250D(2)(k), sequence and staging. This should be related to the operational plan and should clearly indicate that state of reclamation to be accomplished during specific stages of the mining operation.
(b)
Methods to be used to stabilize slopes or excavated areas.
(c)
Analysis of stability of filled areas and methods to be utilized for stabilization, if necessary, to prevent "quicksand" or caving conditions.
(d)
Methods planned to prevent stagnation and pollution.
(e)
Methods used to prevent soil erosion and sedimentation runoff.
(f)
Analysis of existing and cover soil and methods used to establish vegetation (i.e. fertilization, planting period, etc.).
(g)
Method of disposing of any equipment or structures used in the mining operation upon completion.
(h)
Description of the degree of flexibility considered to be needed in execution of the plan.
(i)
Vegetative management plan describing methods to ensure satisfactory vegetative cover, establishment of proper growth, and steps to be taken to remedy unsuccessful plantings.
E.
Future land use plan.
(1)
Purpose. The purpose of the future land use plan is to ensure the municipality that the remaining reclaimed land after the conclusion of the sand extraction operation would be usable for future development opportunities.
(2)
The reclaimed site shall be analyzed (by plan, statement, or combination of both) as to its suitability for future development uses based on the following criteria:
(a)
Physical topography.
(b)
Best uses of water features, if permanent water bodies are provided, for water-related activities.
(c)
Compatibility with contiguous land uses.
(d)
Traffic circulation and transportation.
(e)
Suitability of soils for development and storm drainage.
(f)
Suitability for development in accordance with sound engineering and planning practices.
(g)
Municipal Master Plan and land use plan consistency with Municipal Master Plan and zoning policies.
(h)
State and federal development regulations (i.e., CAFRA, State, Master Plan).
(3)
A plan shall be a conceptual plan at a scale of one inch equals 200 feet utilizing the final land form from the reclamation plan as base data. The purpose is to show that the final land form portrayed has a viable land use or uses, each demonstrating that developed areas are accessible by roads and that physical attributes of the final land form are compatible with potential future use or uses. It is understood that this may be a hypothetical exercise, but it will be evaluated as such and not be considered a commitment to the use portrayed. In addition to the base data, the plan shall show the following details, if applicable:
§ 30-251 Design and performance standards.
A.
General standards.
(1)
Plan preparation. Plans shall be prepared, signed, and sealed by a licensed engineer, surveyor, land planner, or landscape architect, as provided for by law, and in accordance with applicable statutes thereto.
B.
Standards relating to mining operations.
(1)
Size of tract. Any tract of land to be used for a land mining operation shall be at least 50 acres in size unless it is contiguous to lands in the same ownership or leasehold interest used for an active land mining operation at the date of application for a permit, in which case, the coordination of rehabilitation plans between the new and existing uses will be required.
(2)
Setbacks.
(a)
Five hundred feet from boundary of residential zone line.
(b)
Earth extraction activities shall not be conducted closer than 300 feet from:
[1]
The boundary of any zone where such operations are not permitted;
[2]
The boundary of an adjoining property line unless such adjoining property is in the same ownership or leasehold interest as the permit property, and an appropriate easement or deed restriction is provided such that the setbacks required by this section are not violated if the adjoining property is conveyed or separated from the permit property.
[3]
The edge of the right-of-way of any dedicated street, road, highway or water body when it is determined that such setback areas are not suitable for future permitted development proposed due to environmental constraints of the site, (such as areas subject to flooding, severe limitations for an on-site sewage disposal systems, topography, etc.) or when a more desirable layout for the future land use plan can be achieved; the setback may be reduced to that deemed necessary by the Planning Board, provided that an average setback of 300 feet is maintained, but in no case shall such a setback be reduced to that 150 feet. Compliance with the total setback requirement shall be determined by computing the area between the proposed setback line and the perimeter line requiring setback as described above, which shall be equal to or greater than the length of the perimeter line requiring setback times 300 feet.
(c)
Buildings or structures actively used in the mining or subsequent production and/or processing operations shall not be located closer than 100 feet to a public right-of-way or adjoining property lines.
(3)
Buffer zones and fencing. On the property covered by the setback requirements above, there shall be maintained within this setback undisturbed buffer zones of natural foliage, trees, or other like plantings of at least 150 feet in width, and such zones are to be specifically shown on the plans with a complete description of the type of natural cover contained thereon. The Planning Board may require, in its discretion, additional screening such as additional vegetative cover, landscaped earth mounds or dense evergreen plantings, if necessary, to properly screen or buffer the operation from surrounding uses. Perimeter of area currently being mined shall be enclosed by six-foot high chain link fence.
(4)
Production and processing operations. All buildings, structures, and equipment used for mining, shall be constructed, maintained and operated in compliance with § 30-135 of this chapter and in such a manner as to reduce, noise, vibration, or dust, in order to minimize the impact on adjacent or surrounding uses.
(5)
Consistency with reclamation plan. All mining operations shall be conducted in a manner not inconsistent with the reclamation plan and in such a manner that the objectives of the plan may be realized after the sand, gravel, and other material has been removed.
(6)
Access roads. Haul roads shall be located in such a manner as to minimize the impact on existing land uses, and to avoid the routing of vehicles to and from the mining operation over streets that primarily serve developed areas. Entrances shall be restricted to as few as are absolutely necessary, preferably no more than two, unless warranted by specific conditions of the site or operation.
(7)
Signs. Traffic control signs shall be provided and maintained by the operator on internal roads and at entrances when necessary for safety reasons. All entrances shall be clearly marked with identification of operator of facility and type of facility. All entrances and routes shall be clearly marked in order to guide workers, haulers, and authorized visitors who may be unfamiliar with the site, to designated areas, (i.e.: office, loading area, etc.). All areas where access is to be restricted because of safety reasons shall be clearly marked and maintained.
(8)
Security gates. Security gates or other suitable guard mechanisms shall be provided at all entrances leading to or from public roads or rights-of-way which shall prohibit access during periods of nonoperation.
(9)
Dust and dirt control. Roads within the site shall be constructed in such a manner as to minimize and control the amount of dust created, including the amount of mud and dirt carried onto public roads by the wheels of vehicles from the site which, when deposited on roads, will contribute to dust problems over a wider area. If deemed necessary, the Planning Board may require special treatment at the point where access roads meet public roads for a distance not to exceed 300 feet and a width not to exceed 22 feet. This special treatment may consist of gravel, stone, oil treatment, or paving, as deemed appropriate.
(10)
Spillage. During hauling operations, any spillage of materials on public roads by owner's or contractor's equipment shall be promptly and completely removed.
(11)
Emergency access. Emergency access for fire, rescue and/or ambulance equipment shall be provided and maintained at all times at the plant, office facilities and all working areas.
(12)
Fire protection. There shall be provided at the plant and office facilities and at other locations specifically requested by the applicable Fire Chief, a water supply hookup facility for fire equipment use. Such facility shall be reviewed and approved by the Fire Chief responsible for that particular area of the City.
(13)
Grading. The slope of the surface of restored surfaces shall not exceed one foot vertical to three feet horizontal. Any body of water created by the resource extraction operation shall have a graded shoreline with a slope not to exceed one foot vertical to five feet horizontal.
(14)
Topsoil preservation. As an integral part of each land mining operation a sufficient amount of arable topsoil shall be set aside and retained within or near the permit site to cover disturbed areas in accordance with the reclamation plan. The amount required shall be a quantity which when placed, will provide a maximum depth of six inches, or an amount equal to that which was removed, whichever is less, throughout all areas to be restored (six inches is equivalent to 800 cubic yards per acre). This material shall, where practical, be used for temporary screening or berming. All topsoil stockpiles must be treated, planted or graded in accordance with "Standards for Soil Erosion and Sediment Control in New Jersey" adopted by the New Jersey Soil Conservation Committee, in order to minimize the process of erosion by wind or water upon adjacent property, public roads or streams.
(15)
Erosion control. Erosion control methods must be in accordance with an approved plan based on "Standards of Soil Erosion and Sediment Control in New Jersey" adopted by the New Jersey Soil Conservation Committee.
(16)
Protection of vegetation. Existing trees, woods, and ground cover shall be protected and retained to the maximum degree possible. Clearing shall be strictly limited only to those areas which are absolutely necessary for the proposed mining operation. Reestablishment of trees and vegetation shall be required in those areas which are unnecessarily destroyed. However, this provision shall not prohibit agricultural or forestry uses as permitted within the zoning district.
(17)
Protection of water tables. Maximum depth of excavation shall not be below existing groundwater, except in such cases where the reclamation plan indicated that a lake or lakes will be part of the final use of the land or where such plan indicates that adequate fill from overburden is to be used to refill such excavation for conformance to the approved reclamation plan. No extraction operations shall be conducted in such a manner as to permanently alter the water table of surrounding inhabited properties, or to alter the stability of adjacent lands, or to create a potential subsidence of adjacent lands. As a monitoring device, the operator shall install prior to commencement of extraction operations, observation or monitoring wells in accordance with the following table based on a total of all permit areas currently applied for and previously approved under the ordinance.
(a)
Zero to 50 acres: two wells.
(b)
Fifty to 100 acres: three wells.
(c)
Each additional 100 acres or any portion thereof: one additional well.
These wells shall be located and constructed to a depth and in accordance with details approved by the Planning Board and each well shall have a permanent reference bench mark on or adjacent to the facility. As extraction areas increase for new permit periods, these wells may have to be relocated in order to adequately surround the perimeter of the excavated areas. |
C.
Standards relating to land reclamation.
(1)
Exceptions. The parties issued any permit for a land mining operation are responsible for the reclamation of the area in compliance with the reclamation plan on file with the City.
(2)
Progressive reclamation. Land restoration shall be planned and implemented as contemporaneously as possible with the extraction of the resource, considering the ultimate use of the area as stated in the reclamation plan. Typically, it should include the following steps:
(3)
Timing. Reclamation shall be a continuous process and each portion of the parcel shall be restored within two years after the resource extraction is completed for the permitted area. Restoration shall proceed in the same sequence and time frame as set out in the extraction schedule.
(4)
Dry pit rehabilitation. The dry pit may be backfilled with sand, gravel, overburden, topsoil or other non-noxious, nonflammable, nontoxic, noncombustible solids.
(5)
Wet pit rehabilitation. Like dry pit rehabilitation, the wet pit may be filled. Any filling must be accomplished in accordance with the conditions set forth for dry pit rehabilitation. In the alternative the wet pit may be converted into a lake in accordance with the rehabilitation plan and all other applicable standards of this chapter. If a lake is to be created, pollution and stagnation must be prevented.
(6)
Site clearance. All organic materials, boulders, and other debris resulting from the excavation or related activities shall be disposed of by approved methods.
(7)
Removal of topsoil. When topsoil is removed sufficient arable soil as required by § 30-251B(14) of this article shall be set aside on the site for respreading over the reclamation area. These stockpiles of topsoil should be used to minimize the effects of erosion of wind or water upon public roads, streams, or adjacent land uses. No topsoil shall be removed from the overall tract.
(8)
Slopes. All banks shall be left in accordance with topography established in reclamation plans, and shall be sloped at a slope not exceeding three feet horizontal to one foot vertical.
(9)
Drainage. Reclamation should proceed in such a way that natural waterways and storm drainage, where they enter and leave the premises, shall be altered only to the least degree necessary to carry out excavation and related activities. Any alteration of natural waterways and storm drainage should not adversely affect public roads or neighboring uses.
(10)
Grading.
(a)
When the extraction operation has been terminated, the area shall be graded as close to the natural contour of the land as possible to facilitate planting.
(b)
All regrading and reclamation shall be undertaken with the minimum amount of disturbance in order to minimize the amount of compaction of the soil.
(11)
Landscaping.
(a)
A planting plan shall be approved by a forester or landscape professional showing the areas to be planted, final grades, type and quantity of plant material to be used, and all specifications necessary for implementation.
(b)
Planting shall not be performed later than May 15 or earlier than September 15 of the year. It is preferable and recommended that planting be performed in the spring of each year if possible.
(c)
All planting and plant scheduling shall be in accordance with the approved planting plan.
(d)
If soil erosion is critical on a site, an inexpensive mulch shall be required such as cut grass, weeds, leaves, etc., or spotted low shrubs and herbaceous materials such as weeping love grass. In excessively weedy areas the ground shall be prepared prior to planting with the use of a disk, rototiller, spring tooth harrow or similar cut harrow along the rows.
(f)
All rows shall be planted with the same species type.
(g)
The following is the recommended plant list. Other plant material may be used upon the advice of a qualified arborist and/or a landscape professional, when approved by the Planning Board.
(12)
Compatibility with future land uses. All provisions of the reclamation plan shall be consistent and compatible with the Projected Future Land Use Plan and provide as much flexibility as is possible for similar, but varying future land use patterns.
(13)
Abandoned uses/termination of operations. Operations should be considered to have been abandoned if:
(a)
The operator does not demonstrate his intention to resume operations and keep his bond in force more than one year after operations have ceased in a given site. A new permit would be required prior to further excavation or processing if this occurs.
(b)
Within a period of six months, unless extended by written permission by the Millville Planning Board, after notice of the termination by the operator of an extraction operation or after the abandonment of such operation due to its failure to operate according to ordinance standards and requirements, all unused structures, buildings, and equipment along with all buildings, structures and equipment presently used in such operation, shall be dismantled and removed by and at the expense of the operator last operating such buildings, structures and equipment, except such buildings, structures and equipment need not be dismantled and removed as long as they are in good repair and they may reasonably be expected to be used for continued land mining operations or for some other purpose permitted in the zone which they are located. Further specific steps necessary to complete the reclamation plan shall be undertaken.
D.
Standards relating to future land use.
(1)
Zoning conformance. The future land use plan shall be based on acceptable sound planning practices in conformance with existing zoning.
(2)
Compatibility with surrounding land uses. The future land use plan shall be compatible with adjacent and surrounding present land uses and potential future land uses.
(3)
Development patterns. Development shall be planned to avoid adverse impacts on the desirable future development and/or subdivision of adjoining land, and strip development of existing highway frontages shall be discouraged. The Future Land Use Plan should conform to design standards that will provide safe and efficient access to the neighborhood street and highway system; relate the design of the plan to natural topography and existing vegetation cover of the site; and contribute to the harmonious development of the municipality and enhance the public welfare of the community.
(4)
Conformance with reclamation plan. The future land use plan shall exhibit conformance with the reclamation plan approved by the Planning Board and shall make maximum use of those areas reclaimed and rehabilitated. The two plans shall be planned in conjunction with each other so that reclamation efforts are not wasted for probable future land uses and to avoid irreversible mistakes.
(5)
Flexibility. The greatest degree of flexibility shall be utilized in design of the future land use plan to make it adaptable to varying future land uses. To achieve this, all alternatives should be considered and investigated, and more than one future land use plan sketch may be submitted to justify the reclamation plan submitted.
(6)
Lakes and ponds. The use of lakes and ponds resulting from wet pit excavations shall be highly encouraged for their aesthetic and recreational values; and for the value as recharge and retarding basins in stormwater management.
(7)
Environmental. The future land use plan shall not promote or create the potential for serious air or water pollution problems which would be in violation of local, state or federal pollution standards, or seriously jeopardize the health, safety, and welfare of the community.
§ 30-252 Performance bond requirements.
A.
Prior to the issuance of any license for a land mining operation, the owner or operator shall file with the City Clerk, a performance bond issued by an insurance company authorized to do business in the State of New Jersey, or a certified check payable to the City in amount of the necessary dollar figure as determined by the Planning Board, for each acre requiring reclamation pursuant to the approved reclamation plan submitted to the Planning Board for these areas included in the mining license. The security shall be no less than $7,500 or such greater sum as is determined by the Planning Board.
B.
Such bond or surety or certified check shall be accompanied by an agreement signed by the applicant and land owner, if a different person, granting the municipality the right of access to make inspection to ensure compliance during period of operation and to perform all necessary reclamation of bonded property in the event of forfeiture of the bond or surety.
C.
In the event of default, forfeiture shall be determined by the City Commission after public hearing on not less than 15 days' written notice to the principal and surety at their last known post office address which notice shall be complete upon mailing. The bond or other security may be released upon satisfactory reclamation of the complete project area or portions of the security may be released as proportional states of reclamation are accomplished as determined by the City Commission in compliance with the conditional use permit and the mining license which includes the approved reclamation plan.
D.
The performance bond requirements shall not be waived nor shall the minimum bond amount of $7,500 per acre be reduced.
E.
The City Commission shall review the bond at each annual review of the license. The performance bond shall remain in full force and effect until the reclamation plan has been completed.
§ 30-253 Existing land mining operation.
A.
Existing mining operations shall be defined as a site which has been and at the time of the adoption of this Article XXII is being actively mined as part of the regular business of the operator and shall include the entire site area on which the operation is situated.
B.
In connection with extraction operations in existence at the date of adoption of this Article XXII, the operator shall, within six months thereafter, file with the City Planning Board and City Commission a statement and topographical sketch of the existing pits, aerial photographs of the operation, a plan for their reclamation pursuant to § 30-253D of this article and information requested in § 30-250A and B of this article. Upon filing the material requested and review of same by the Planning Board and the City Commission, a mining license for not more or less than two years shall be issued by the City Commission to the operator.
C.
If at the date of the expiration of the license issued under the provisions of this section the operators desire to continue such operation, application must be made for a conditional use permit to the City Planning Board and for the issuance of a mining license under the terms and conditions set forth in this Article XXII for a new operation and all other applicable ordinances.
E.
The licensing fee for existing land mining operations under this section shall be the same as for new operations.
§ 30-254 Administration and enforcement.
A.
Compliance Officer; appointment of City Engineer as Compliance Officer. The City Commission shall appoint the City Engineer as the Compliance Officer to administer and ensure compliance provisions covering mining/extraction uses. He shall be appointed for a term of one year commensurate with the date of his appointment as City Engineer. The Compliance Officer shall receive such compensation for his services as shall be established by the City Commission in the City Salary Ordinance.[1]
B.
Duties of Compliance Officer. The Compliance Officer shall inspect the mining and extraction sites located in the City on a periodic basis, but not less than quarterly to monitor compliance with the rules and regulations established herein. He shall make a written report annually to the City Commission and the Planning Board setting forth with particularity the results of his inspections on each particular licensee.
C.
Notice of violation. The Compliance Officer shall issue a written notice of violation with copies being furnished to the City Commission and Planning Board, specifically listing any violations observed. The Compliance Officer shall prescribe the form of this notice, which shall include the specific subsection of this Article XXII deemed to be violated, a time by which the violation must be corrected and any other pertinent information which the Compliance Officer deems necessary the time allowed for correction shall not exceed 45 days. If the violation has not been corrected within the time imposed, the Compliance Officer shall cause complaints to be signed in the Municipal Court charging the violations as set forth in the notice of violation and shall be empowered to issue a stop-work order.
§ 30-255 Fees.
A.
At the time of submission of a conditional use application to the Planning Board of City of Millville for mining/extraction use, under the provisions of this section, an application fee of $1,000 shall be paid to the Administrative Officer of the Planning Board to cover the administrative costs of reviewing the application and documents submitted therewith.
B.
In addition to the foregoing application fee, the applicant for the conditional use permit under the provisions of this section shall deposit with the Chief Financial Officer a sum of money to be computed at the rate of $250 for the first acre or part thereof, and $25 for each additional acre or part thereof, covered by the said application, but in no case to exceed $5,000. The Chief Financial Officer shall deposit same in a separate account to be carried under the City's trust fund section of accounts for the City. The amount of money so deposited at this time shall be used to pay the fees of all professional personnel employed to review and make recommendations on the conditional use application and documents submitted therewith and to inspect and approve the sites proposed.
C.
If at any time it becomes evident that the escrow funds are or will be insufficient to cover the fees, the applicant shall increase the fund as required by the Planning Board upon receipt of written itemized substantiation of such additional fee. All funds not used in review of the conditional use permit application shall be returned to the depositor.
§ 30-256 Procedure upon completion of application.
A.
Planning Board shall upon completion of application by its resolution stating its factual findings, approve or deny the granting of conditional use permit for resource extraction as herein provided. It shall forward a copy of said resolution without delay to the City Clerk of the City of Millville whereupon a license shall be issued by said City Clerk to permit the resource extraction. The fee shall be $2,500 per annum plus $800 per acre per annum for each acre in the approved active mine site.
B.
Duration of license. License shall be issued for not more than three years from date resolution of granting conditional use permit by Planning Board and shall lapse unless application is made six months prior to date of expiration to the Planning Board for review and recommendation for renewal to the City.
C.
Ongoing administration and expenses. As part of the condition of issuance of license and in addition to the fees and costs heretofore provided there shall be ongoing review and inspection of resource extraction activities conducted by the City Engineer or such other person, agency or governmental department as is designated by the City of Millville, the expense of which shall be reimbursed on an ongoing basis by license. Such inspections shall be no less frequent than biweekly. The licensee shall provide currently updated plans of all extraction activities complying with ordinary engineering standards and shall be provided to City Engineer's office at least every six months.
D.
Insurance. No license shall be issued until a certificate of public liability insurance reflecting the insurance to the licensee of a policy of public liability insurance wherein the City is named as co-insured for damages arising out of any activity, of the applicant under a license issued under this Article XXII, in an amount not less than $1,000,000/$3,000,000 for death or bodily injury and $500,000 for property damage.
§ 30-257 Suspension or revocation of license.
A.
Conditions permitting suspension or revocation of license by City Commission.
(2)
Where the licensee has failed or refused to correct a condition that would constitute a violation of this article.
(3)
Where the licensee conducts a mining, excavation, extraction, removal or relocation of any soil, sand, gravel or stone without having a conditional use permit covering the land upon which such operation is or has been conducted.
(4)
Where the licensee fails to submit any map or document required under this article.
(5)
Where the licensee has failed or refused to comply with the provisions of this article relating to grading, seeding or reforestation.
(6)
Where the licensee has failed to pay or caused to be paid any taxes upon the lands covered by the license.
(7)
Where the licensee is in violation of any federal, state, county or municipal law or ordinance or health regulations as a result of any activity or operation under this article.
(8)
Where the licensee has failed or refused to comply with the requirements of this article relating to insurance.
(9)
Where the licensee has failed or refused to comply with the requirements of this article relating to bonding.
(10)
Where the licensee has failed or refused to keep and maintain true and accurate records.
B.
Procedures for suspension or revocation of license.
(1)
Notice of violation.
(a)
Whenever any of the compliance or other enforcement officers of the City of Millville determine that there are reasonable grounds to believe that there has been a violation of any provision of this Article XXII or of a rule or regulation, if any, adopted pursuant thereto, notice of such alleged violation(s) shall be given to the person or persons responsible therefor as hereinafter provided.
(b)
Such notice shall be put in writing; include a statement of the reasons why it is being issued; outline a reasonable time for the performance of any act it requires; be served upon the owner or agent, provided that such notice shall be deemed to be properly served upon such owner or agent if a copy thereof is served personally, or if a copy thereof is sent by certified mail, return receipt requested, to the licensee or agent at the address set forth in the license application, or if a copy thereof is posted in a conspicuous place in or about the licensed premises affected by the notice or if he is served with such notice by any other method authorized or required under the laws of this state.
(c)
Such notice may contain an outline of remedial action which if taken, will effect compliance with the provisions of these subsections and with rules and regulations adopted pursuant thereto.
(2)
Hearing.
(a)
Any person or entity affected by any notice which has been issued in connection with the enforcement of this chapter may request and shall be granted a hearing before the City Commission, provided that such person shall file in the office of the City Clerk a written petition requesting a hearing and setting forth a statement of the grounds for the request within 10 days after the date that notice was served. Upon receipt of such petition, the City Clerk shall set a date, time and place for the location of the hearing and shall give the petitioner written notice thereof.
(b)
At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why the notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the date which the petition was filed; provided, however, that the petitioner and the City Commission may, by mutual consent, postpone the date of the hearing for a reasonable time beyond the thirty-day period.
(c)
After such hearing, the City Commission shall make specific findings and shall either sustain, modify or withdraw the notice. If the City Commission sustains or modifies the notice, it shall be deemed an order which, at the discretion of the City Commission, may operate as a revocation of the license. Any notice served pursuant to this subsection shall automatically be an order if a written petition for a hearing is not filed with the City Clerk within 10 days after the date the notice was served.
(d)
The proceedings at such hearing, including the findings of fact, shall be summarized, reduced to writing and filed as a matter of public record in the office of the City Clerk.
C.
Procedure for suspension in emergency.
(1)
Whenever the compliance or enforcement officers of the City of Millville find that an emergency exists which requires immediate action to protect the public health or safety, they may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as they deem necessary to meet the emergency. Notwithstanding the other be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this Article XXII and the rules and regulations, if any, adopted pursuant thereto have been complied with, the City Commission shall continue such order in effect, modify it or revoke it.
(2)
Where a licensee requests in writing a hearing on an emergency suspension, such hearing shall be held within 72 hours of the receipt by the Clerk of a written request for such hearing.