Rockaway Township City Zoning Code
§ 54-30.64
M Mining District.
[Ord. No. 95-24 § 54-135]
A.
Permitted principal uses.[1] The M district is designed to permit the proper and continued use of natural resources in the Township which, under proper limitations, will be in harmony with the character of existing and prospective development. Specifically permitted are the following uses:
(1)
The extraction of rock, stone, gravel and ore; provided, however, open pit quarrying or mining shall only be permitted as hereafter regulated;
(2)
Processing and utilization of materials extracted from the site; provided such operations are limited to the uses listed below, and provided that rock crushing or heavy impact operations are prohibited within 1,500 feet of any residential district.
(3)
Single-family residential use as permitted and regulated in the R-88 district.
[1]
Note: See Appendix A, included as an attachment to this chapter.
B.
Permitted accessory uses. Accessory uses and structures permitted in the M district are those uses and structures which are customarily incidental and subordinate to a permitted principal use, such as offices and shipping facilities. In case of a question concerning whether a use or structure is accessory to a permitted principal use, the determination thereof shall lie with the Zoning Board of Adjustment.
D.
Prohibited uses. Any use other than those uses specifically permitted in subsections A, B and C above is prohibited. In addition, the following uses are specifically prohibited:
(1)
Business and commercial activities, except as accessory to a permitted principal use;
(2)
Fabrication, manufacture and industrial operations, except as permitted in the I district;
(3)
Junkyards;
(4)
Dumps, lagoons or pits for the disposal of garbage, trash or any other liquid or solid waste material with the exception of rock and ore in fine-settling ponds which are accessory to a permitted operation. The Township of Rockaway is exempt from the above prohibited use; and,
(5)
Any use that fails to comply with the performance standards of this section.
E.
Required conditions. The regulations set forth in this section are designed to encourage the development of an economically sound and stable mining industry and development of natural resources to meet economic needs in a manner compatible with sound environmental management practices.
(1)
Conditions for residential use. Residential uses are permitted if they comply with all provisions regulating the R-88 district.
(2)
Minimum lot area. There shall be a minimum lot area of 15 acres.
(3)
Minimum setbacks. All buildings and structures shall maintain the following setbacks:
(a)
The distance between any building or structure and the nearest residential district boundary line or residential structure shall not be less than 500 feet or a distance that equals or exceeds two times the height of the building or structures, whichever results in a greater setback.
(b)
No building or structure shall be erected or placed within 75 feet of any property line, or a distance that equals or exceeds two times the height of the building or structure, whichever results in a greater setback.
(c)
No building shall be erected closer to another nonresidential building or structure than a distance that equals or exceeds the sum of the heights of the two buildings or structures.
(4)
Maximum height. No building height shall exceed 100 feet. The height of objects other than buildings shall not exceed 300 feet and the objects must comply with any applicable Federal and State regulations. Notwithstanding any other provisions of this chapter, for the purpose of administering the height and setback requirements of this section only, the term "building" shall only include objects erected, placed or razed on, below or above the ground primarily designed to house and enclose persons to perform in connection with commercial or manufacturing operations.
(5)
Maximum impervious coverage. The total impervious coverage on any lot shall not exceed 15% of the total lot area.
(6)
Application report. Prior to any mining operation, a completed application for a mining operation use permit shall be submitted to the Administrative Officer. This application shall be deemed complete when it contains the following elements:
(a)
An application form properly completed;
(b)
An application report which shall contain the following:
[1]
Identification of the location of the surface mine, the ownership of surface rights and mineral rights, the holder of the permit and the person responsible for the reclamation performance guaranty;
[2]
A copy of a portion of the U.S.G.S. topographic map outlining the contiguous property holdings of the applicant that will be surface mined;
[3]
Notice of approval from the Morris County Soil Conservation District of the soil erosion and sediment control plan. This plan shall be prepared in conformance with "Standards for Soil Erosion and Sediment Control in New Jersey";
[4]
Description of the environmental setting of the surface mine including adjacent land use, topography, drainage, geology and existing site conditions;
[5]
Description of the proposed mining methods, including the method of mining and nature of processing;
[6]
Description of the measures to be taken to remain in compliance with noise and vibration standards of the New Jersey Department of Labor and Industry;
[7]
Copies of water discharge (NJPDES) permits, if any are required, and copies of air quality permits, if any are required. In the case of new operations, preliminary permits, subject to final approval following initiation of operations, shall be acceptable;
[8]
Operator of any mine or quarry shall submit a rehabilitation plan of the property to be so used. The plan shall show how the property in question can physically conform to the proposed use of the property as set forth in the Township Master Plan. Prior to the Construction Official or Zoning Officer issuing a certificate of occupancy or zoning permit for any use in the M district, the Planning Board must first approve the site operation and rehabilitation plan as above required;
[9]
Description of the proposed final reclaimed land use. It is recognized that mining is a long-term transitional land use and that any reclamation plan must be conceptual, subject to change based on future surface mine configurations and future land use requirements. However, the proposed reclamation plan shall be compatible with current land use conditions and proposed reclamation activities shall be compatible with the proposed final land use;
[10]
Description of the proposed reclamation activities, including final disposition of waste materials, drainage conditions, final grading, application of soil cover and seeding for those areas to be revegetated and final treatment of access roads or haulage ways in the permit area;
[11]
Description of final slope treatments shall be indicated. All final slopes shall comply with the following standards:
[a]
Rock faces shall be no steeper than 90° and shall be free of loose rock and rubble, in general compliance with Mine Safety and Health Administration requirements.
[b]
Unconsolidated material slopes shall not exceed the natural angle of repose.
[c]
Coarse sand, gravel or rubble slopes shall not exceed a ratio one foot vertical to 1.5 foot horizontal 66.7%.
[d]
Fine sand, silt and clay shall not exceed a ratio of one foot vertical to two foot horizontal 50%.
(c)
An application map which shall be prepared by a licensed professional engineer of the State of New Jersey or a qualified professional geologist certified by the American Institute of Professional Geologists. The application map shall be updated prior to each renewal for a surface mining permit in a manner consistent with the final requirements and shall indicate:
[1]
Elevation contours with an interval of five feet based on aerial photography or a survey with a 100 foot grid;
[2]
Location and elevation of all major structures, streams, bodies of water, access roads and surface mining faces;
[3]
Area to be affected by surface mining that will be subject to permit and bonding based on the area that will be surface mined during the permit period; and
[4]
Final grade profiles which shall consist of at least two intersecting sections through the permit area showing existing topography, proposed final elevations, and the position and slopes of the proposed final face.
(d)
A traffic plan which describes, in narrative form, the probable routes to be taken by traffic generated by operation of the surface mine. The traffic plan shall contain a description of the efforts that will be made by the permittee to reduce spillage from traffic leaving the surface mine.
F.
Performance standards. Prior to the issuance of any building or occupancy permit for any use in the M district, the applicant shall submit sufficient evidence to the Zoning Officer showing compliance with the applicable approval procedures of all authorized governmental agencies and with all of the following regulations:
(1)
Fire and explosion hazards. The provisions of Subsection 54-30.63F(1) shall be met.
(2)
Radioactivity. The provisions of Subsection 54-30.63F(2) shall be met.
(3)
Smoke. The provisions of Subsection 54-30.63F(3) shall be met.
(4)
Fly ash, dust, fumes, vapors, gases. The provisions of Subsection 54-30.63F(4) shall be met.
(5)
Liquid and solid wastes. The provisions of Subsection 54-30.63F(6) shall be met.
(6)
Vibration. Air-induced vibration shall be limited to the sound-pressure levels permitted under Subsection 54-30.63F(7). No ground-transmitted vibration shall be generated by anything other than blasting which is discernible to the human sense at any point within a residential district.
(7)
Noise. No operational noise emitted by a source other than blasting within the M district shall be measured at any point within any residential district which exceeds the values given in Subsection 54-30.63F(8).
(8)
Blasting. The storage, transportation and use of explosives shall be within the limitations and in conformance with the standards and regulations of the New Jersey Department of Labor and Industry, Bureau of Engineering and Safety. The Township Zoning Officer shall be notified at least 24 hours prior to any blasting being done on the premises.
(9)
Odors. There shall be no emission in the M district of odorous gases or other odorous matter in such quantities as to be offensive and create a nuisance as determined by the Township Department of Health at any point within any adjacent district.
(10)
Glare. There shall be no direct or reflected glare exceeding one footcandle measured at any adjacent district boundary line.
(11)
Traffic. There shall be no ingress and egress to any industrial operation as permitted and regulated by this section from any minor street or neighborhood through road as set forth on the Township Master Plan.
(12)
Buffers. There shall be established along the line of any lot that is contiguous to any residential district a belt of native vegetation, landscaping, fence or wall as the Planning Board may require, which will be adequate to screen the operation of such lot in the M district from the abutting residential district.
(13)
Movement of soil. The movement to or from the site in question of any soil, other than that which is specifically permitted in a surface mining operation, shall be regulated by the Township Soil Removal Ordinance.
(14)
Air samples shall be submitted to the Rockaway Township Health Department for their review and examination on an annual basis unless otherwise required by the Health Department.
G.
Fee. Any operation of a surface mine shall pay to the Township a fee of $5,000, which shall cover a twelve-month period. Thereafter the fee shall be paid annually for the duration of the mining operation.
H.
Performance guarantee. Prior to approval of any surface mining operation, the applicant shall furnish a performance guarantee in the amount of $1,000 per acre of land covered by the use permit. The Township of Rockaway shall be named as beneficiary of the guarantee. At the request of the surface mining operation, the Township may release the performance guarantee, or part thereof, after the Township Engineer submits a favorable report indicating those areas that have been reclaimed in conformance with the reclamation provisions of the conditional use permit.