White Township City Zoning Code
ARTICLE XXVI
I-2 Industrial Quarry District
§ 160-179 Permitted uses.
Permitted uses shall be all those permitted in the I Zone.
§ 160-180 Prohibited uses.
§ 160-181 Required conditions.
Required conditions shall be as set forth in § 160-174
§ 160-182 Performance standards.
Performance standards shall be as set forth in § 160-175.
§ 160-183 Conditional uses.
Conditional uses shall be:
A.
Surface mining. This shall include the extraction of minerals, such as ore. It also includes quarrying, milling (e.g., crushing, screening and washing) and other preparation of materials customarily undertaken in connection with a mine site.
(1)
Requirements for surface mining. It is hereby deemed that the rock formations in the Township of White require recognition as a natural resource and economic asset which permits their extraction, processing and sale. Such operations are of a special nature and require adequate regulation, supervision and direction to assure protection of the public health, safety and general welfare. As a means of administering these protective measures and in recognition of the uniqueness of such uses, the following special requirements and provisions are established:
(a)
No person shall excavate or otherwise remove any natural mineral deposit for sale or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, without first having received permission therefor from the Township Committee. Said permission shall be granted only upon the granting of site plan approval by the Planning Board as hereinafter provided. The municipal permit shall be valid for a period of one year. Renewal of said permit shall be conditioned upon satisfactory operation of the facility and the recommendation of the Township Engineer, as provided in Subsection A(1)(n) of this section.
(b)
The site plan application shall be in conformance with Articles IX, X and XI of this chapter. An environmental impact statement and a reclamation plan indicating how the excavated land will be restored for productive use shall be part of the application. In considering the site plan, environmental impact statement and reclamation plan, the Planning Board shall place primary focus on mitigation of noise, dust, traffic and light during the mining operation. The Board shall ensure that there will be no significant off-site environmental impact occasioned by mining activities, with particular emphasis on the integrity of subsurface aquifers and surface water bodies. The Board shall consider the long-range mining plan and the reclamation plan in light of the potential end use of the quarry once operations cease. It is specifically intended in this section that rock extraction be viewed as an interim process in the reshaping of land to a final and appropriate use. Reclamation plans shall incorporate the following information:
[1]
Existing and proposed final grades.
[2]
Existing and proposed drainage patterns.
[3]
An analysis of the utility of the reclaimed tract for uses as otherwise permitted in the zone. A phasing plan, indicating the sequence of mining and reclamation efforts such that, should the operation cease at any given time, it shall not have been rendered unusable for other lawful purposes.
(c)
Proximity to adjoining property; berm.
[1]
No part of any such use, including any building, automobile parking area, storage of materials, filling of land or any other building or activity including mining but excepting a railroad spur entering the property and access roads approved as herein provided, shall be established or conducted within a distance of 150 feet from an adjoining residential property line other than that known as Block 33, Lot 21, or within 100 feet from the nearest right-of-way line of any public road or highway serving residential traffic now maintained by public authority. Excavation shall not be conducted closer than 50 feet to the boundary of any zone where such operations are not permitted, either in White Township or an adjoining municipality, nor shall such excavation be conducted closer than 50 feet to the boundary of an adjoining nonresidential property line. Buildings and other structures may be constructed not less than 50 feet from an adjoining industrial tract. Excavation may be conducted within the limits prescribed above where deemed necessary by the Board in order to adjust the elevation thereof in conformity with the reclamation plan. Where berms of overburden or other material are constructed adjacent to residential property lines, they shall not be located within 50 feet of said residential property line.
[2]
In addition to the above setback requirements, a planted berm of not less than six feet in height shall be constructed between the quarry operation and all adjoining property and uses other than those zoned for or used as industrial (e.g., landfill or incineration) properties.
(d)
The location and design of vehicular access to any part of such use form any public road, street or highway shall give due consideration to the design of the road, its effect on existing roads and traffic patterns, suitable traffic safety conditions and the type and burden of traffic that will result.
(e)
The transfer of any products, by-products or any other materials form the quarrying operation by trucks shall be done in a vehicle covered before leaving the site so as not to cause dust or materials spillage on roads or areas near the site.
(f)
Provision shall be made for the disposal of waste in compliance with all applicable federal, state and local legislation and regulations.
(g)
Minimization of dust conditions.
[1]
All equipment used for the operation shall be constructed, maintained and operated in such a manner as to minimize, as far as practicable, dust conditions which may be injurious or substantially annoying to all persons living in the vicinity.
[2]
All access roads to public highways, roads or streets or to adjoining property shall be paved or treated so as to minimize dust conditions.
(h)
Prior to operating, any open excavation having a depth of 10 feet or more and a slope or more than 45° shall be fenced at least 40 feet outside the edge of such excavation, which fence shall be at least five feet in height, effectively controlling access to the area in which such excavation is located, as indicated on the approved site plan.
(i)
All buildings, structures and plants used for the production or processing of extractive materials shall be maintained in accordance with applicable state and federal regulations.
(j)
Within a period of 12 months following written notification to the Township Zoning Officer that the operation has been abandoned and extraction or production has ceased, all buildings, structures and plants incidental to such operation shall be dismantled and removed by and at the expense of the operator last operating such buildings, structures and plants. However, such buildings, structures and plants need not be dismantled and removed as long as they may legally be used for some other purpose permitted in the zone in which they are located. A certificate of occupancy permit shall be secured from the Construction Official, in addition to site plan and/or subdivision approval, if applicable.
(k)
Where excavations occur within 10 feet of the groundwater table, provisions shall be made so that there exists no means by which surface pollutants may be transmitted to the underground aquifer. Excavations must be grounded or backfilled to meet the following requirements:
[1]
All banks shall be left with a slope no greater than 30°, except that a greater slope will be permitted if in substantial conformity with the land area immediately surrounding or the reclamation plan.
[2]
The property shall be so graded that stagnant water will not be permitted to collect thereon. This provision shall not apply where retention or permanent impoundments have been permitted as part of site plan approval.
(l)
Upon the completion of operations, the land shall be left in a safe condition so that sufficient drainage shall be provided so as to prevent water pockets or undue erosion, with all grading and drainage such that runoff water at the property boundaries leaves the entire property at the original, natural drainage points and that the area drainage to any one such point is not increased except as may be approved in the reclamation plan.
(m)
Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the excavated area. Upon replacement of the topsoil, trees, shrubs, legumes, grasses or other ground cover shall be planted upon such area in order to avoid erosion as far as is practicable and consistent with the reclamation plan.
(n)
The entire quarrying operation, including excavation, grading, reclamation, drainage, equipment and structures, shall be subjected to a semiannual inspection made by a licensed professional engineer. The engineer shall be appointed by the Township Committee, with the fees for his services to be paid by the permit holder. The purpose of such inspection shall be to determine whether all requirements of this chapter have been and are being met. The engineer shall file a complete report on the results of his inspection with the Construction Official, providing the permittee a copy thereof.
(o)
The applicant, by submitting the site plan application to the Planning Board, expressly consents to the entry of the Township Engineer or his designee on the applicant's property for purposes of the inspections as set forth in this subsection.
(p)
A performance bond in the amount of 120% of the cost of restoration and removal of structures shall be required as a condition of site plan approval. Said bond shall be calculated by the Township Engineer and shall be in an amount sufficient to complete all restoration/reclamation required in connection with the approved site plan and removal of structures as deemed appropriate by the Planning Board.
(2)
Violation of the provisions set out above shall be subject to penalty as follows: imprisonment in the county jail for a term not exceeding 90 days and/or by a fine not exceeding $1,000 and/or by a period of community service not exceeding 90 days. Each separate day of violation shall constitute a distinct and separate violation of this article.