Surface mine or mining, as defined in Subsection B below, shall be a permitted use in the zone shown on the map attached to this subsection,[1] which currently encompasses Block 48, Lots 1, 2, 4, 5, 6, 8, 9 and 10, so long as the applicant and the use comply with the conditions set forth in this section and in § 254-1 et seq.

SURFACE MINE or MINING — Any excavation, pit, bank or open cut, where material removed is regularly resold to third parties and where all mining activity is exposed to open sky, working for the extraction of stone, rock, gravel, sand, soil or any other mineral, and shall embrace any and all parts of the property or such open pit mine that contributes directly or indirectly to the extraction of such mineral.

Quarrying as may be permitted pursuant to the terms of the White Township Zoning Ordinance[2] or variances or exceptions granted hereto or as preexisting uses shall be subject to the applicable provisions of this chapter relative thereto.

Quarrying for commercial purposes shall be permitted only in accordance with the following terms and conditions.

Minor solar or photovoltaic energy facility or structure in accordance with Article XXX, § 160-201B.

The application, accompanied by a plot plan, shall contain at a minimum the following information:

General plot plan.

In considering and reviewing the application and arriving at its decision, the Planning Board shall be guided by and take into consideration the public health, safety and general welfare and the general purposes of municipal planning, and particular consideration shall be given to the following factors:

In the event that, after considering and reviewing the application, the Board finds that the proposal would result in the creation of a lake, pond, hole, pit or similar type of depression and, further, in the event that the nature of the operation would be a wet mining operation, then, and in that event, in addition to the above-referenced factors, these factors alone shall be sufficient basis for the denial of the application.

Upon approval of the application, the applicant shall file and maintain a performance bond in a form and with surety approved by the Township Attorney in such amount as, in the opinion of the Township Engineer, shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of the approval and the terms thereof. The bond shall be in an amount of not less than $10,000 per acre of land which is actually being worked in accordance with the approved plan. Said bond shall cover the respreading of topsoil as required by the provisions of this section and also final provisions for drainage of the site and grading to final contour. This bond may be increased from time to time where, in the opinion of the Township Engineer, conditions and price increases warrant such increases.

The amount of any performance bond or guaranty may be reduced by the Township Committee when portions of the operation are completed, upon recommendation of the Township Engineer.

When all required performance has been completed, the obligor shall notify the Township Committee, in writing, by certified or registered mail of the completion thereof and shall send a copy thereof to the Township Engineer. The Township Committee shall authorize the Township Engineer to inspect the site to determine that all requirements of the approved plan have been carried out. The Township Engineer shall thereupon file a report, in writing, with the Township Committee, which shall be detailed and shall recommend approval, partial approval or rejection. If the work covered by the bond or performance guaranty or any portion thereof shall not be approved, or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Where said rejection indicates partial approval of said improvements of works, it shall indicate the costs of the work for which approval is denied. The Township Committee shall accept or reject the work, grant partial approval or withhold approval on the basis of such report and shall notify the obligor, in writing, by certified or registered mail, of the contents of said report and the action of the Township Committee with relation thereto not later than 90 days after receipt of notice from the obligor of the completion of the work. Where partial approval is granted, the obligor shall be released from all liability pursuant to his performance guaranty bond, except for that portion sufficient to secure the work not yet approved.

The owner or person in charge shall so conduct the operation that there shall be no sharp declivities, pits or depressions and in such manner that the area shall be properly leveled off, cleared of debris, including boulders, and graded to conform with the contour lines and grades as required and shown on the approved plan.

Arable soil within five inches of the surface shall not be removed from the premises, but promptly on completion of operations, or as otherwise directed by the Planning Board, the arable soil so retained shall be respread on the surface as uniformly as possible and seeded with winter rye or other suitable planting. If the soil within five inches of the top is not arable soil, additional soil must be brought in to bring the total arable soil depth to five inches. Arable soil must be spread thereon promptly when the operation is completed in each such area. Provisions must be made for adequate drainage after the topsoil is replaced. In addition to the above, a landscaping plan will be provided to return the land to a suitable state. "Arable soil" is defined as soil which is suitable for most kinds of field crops. Such soil shall be of a soil capability class of not less than Class 2 as promulgated by the USDA Soil Conservation Service. Class 2 soils have moderate limitations that reduce the choice of plants or require moderate conservation practices.

Soil removed shall not be deposited or in any way thrown or placed upon adjoining property or public roads. Any soil or material resulting from any such operation accumulating on any adjoining property or public road shall be removed therefrom immediately upon notice by the Construction Official or other designated official to the owner of such accumulation.

All operations shall be conducted in strict accordance with any state law or other ordinances of the Township and the terms and conditions of any approval granted for such operations. No operation shall be permitted within 100 feet of any stream or wetland unless it can be shown that soil removal would not alter the quantity or quality of the water nor adversely affect the rate of water flow and that the final finished grade requires soil removal within said distance of 100 feet.

The operation shall be so conducted as not to constitute a nuisance to adjoining owners or the Township, and in no event shall said operation create any extra hazardous or unsafe conditions with regard to any person or persons.

Upon completion of any operation or of excavation from an area delineated on the approved plan, said area shall be properly leveled off, cleared of debris, amended to conform to the contours and grades as approved by the Planning Board and trees planted in accordance with the plan approved by the Planning Board. All roads which may have been damaged shall be returned to their original condition. Revegetation of the tract shall be designed in accordance with proposed interim and end use of the site.

No soil shall be removed which is within 15 feet of the water table, and no soil shall be removed which is below the grade established and shown on the approved map.

Slopes shall be in conformance with Chapter 254, Soil Removal and Surface Mining. While working an area, the working face of the excavation shall not exceed 60° from the horizontal, nor shall a face have a vertical height exceeding 30 feet. Any face not currently being worked on shall not exceed 26° from the horizontal. Where an excavated area adjoins a public road or road which has been dedicated to the public, no excavation shall be made below the level of the road for a distance of 100 feet from the right-of-way of said road, except in such instances where, on the lot side of the road, the removal of material would not substantially alter the general terrain characteristics. Where an excavated area is within 50 feet of any building, the finished grade thereof shall not exceed 10% or be less than 2%. In any event, no finished grade shall exceed 10% or be less than 2%. Care should be taken so that there shall be no diversion of surface water from downstream areas outside of the tract either during the operation or after the project is complete.

No garbage, junk or debris may be stored on the subject property, and no safety hazards will be permitted, either during or after the completion of operations. All burning of combustible debris resulting from said soil operation shall be subject to the regulations set by the White Township Fire Marshal or any regulation of a higher authority in effect and be undertaken so as not to create a smoke nuisance or air pollution safety hazard.

Each operator shall annually furnish a progress report to the Township Engineer, the first of which shall be submitted nine months after approval of the application, which shall consist of a sketch map at a scale of one inch to 100 feet showing contours at two-foot intervals, retained arable soil, equipment, the areas where soil was removed, the location of water supply and disposal facilities and drainage facilities, prepared and certified by a licensed professional engineer and/or land surveyor as provided by law.

Hours of operation shall be as provided in Chapter 254, Soil Removal and Surface Mining.

In order to minimize the possibility of mudslides or drainage of silt, the area of operations for excavation shall not exceed a total of 15 acres, excluding all lands used for processing, hauling, parking, etc., at any one time without a replacement of topsoil and reseeding of the premises unless otherwise permitted by the Township for good cause shown.

Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by this chapter shall be completed within 60 days thereafter, except that, if the completion of work in an area occurs during the winter months when it would not be practicable to respread topsoil and reseed same, such work shall be completed within such additional time as may be specified by the Township.

Where the applicant can show undue hardship by reason of topography, grade or other special conditions.

Where clear evidence is presented showing that the imposition of such requirements would be detrimental to the public interest.

Where it can be shown that the intended purpose of the Township in establishing such requirements can be achieved through other means.

Where the data required is obtainable or available to the Township from other sources.

Where it can be demonstrated that the financial costs to the applicant or owner in order to meet said requirements would impose an undue burden or hardship in comparison to the volume of business being conducted, provided that said volume is equal to or less than 75 cubic yards in any two-year period.

After reasonable notice and an opportunity to be heard before the Planning Board, an application or approval may be revoked or suspended for such period as the Board may determine for any violation of the terms hereof or the terms and conditions of any plan approved hereunder.

In addition to an action on the bond or guaranty, or the revocation of approval provided for herein, any person who violates this chapter, or any director or officer who permits or participates in a violation of this chapter or the conditions of the approval, shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 100 days or the maximum penalty available by law, or both, in the discretion of the judge before whom such conviction is had. Each day that a violation continues shall be considered a separate and distinct violation hereof.[1]