Committee Discusses Gravel Pit Ordinance

COURT HOUSE – At its June 15 work session, the Middle Township Committee discussed potential changes to its draft ordinance concerning township gravel pits. The ordinance came up for its second reading and possible adoption at the previous regular meeting of the committee, but it was tabled for more study. The township tried to notify the public about the work session discussion, but many did not see the notice. The turnout was low with some residents arriving just as the session concluded.
Mayor Timothy Donohue set high goals for the committee’s effort. Donohue wants to “tighten up the permitting and inspection process” so that the township would have greater enforcement ability. At the same time, he wants to accomplish this “without putting unreasonable and impractical restrictions on these business owners.” Protecting the rights of the residents who live close to quarry and gravel pit operations while simultaneously giving the owners the necessary flexibility to run successful businesses is a tall order.
The two camps in this discussion have positions that can be summarized without harm to the nuisance that is certainly part of each individual’s perspective. Residents want the township committee to be more active in inspection and enforcement of ordinance limitations and they want the regulations in the ordinance to mean what they say without exception. “Thirty feet is thirty feet” or “The hours of operation are only what the ordinance says they are.” They seek clear rules which, as much as possible, protect their quality of life and which are not subject to regular exception. With such rules in place, they want inspection and enforcement from the township, ensuring that regulations on permissible pit depth, for example, are not being violated.
For the gravel pit business owners, the ordinance should be a reasonable compromise between their interests and those of residents who live in close proximity to their operations. “The business is dynamic,” is just a way of saying that maximum flexibility gives them the best chance for business success. “Is 30 feet the limit on any digging or can it go deeper when needed is filled back in to 30 feet?”
The current parkway project is a constant reference point. It opened up a number of new business opportunities for pit owners and many are “all out” in terms of their attempts to respond to the needs of the project.
Issues under discussion included the permitting and licensing process, inspection, hours of operations, noise abatement and depth levels. Business owners wanted to also be sure they would not be faced with inconsistent regulations from the township committee and the planning board. While residents seek a predictable level of permitted activity, owners sought some level of flexibility to respond to the dynamic nature of the business.
The existing ordinance covering gravel pit operations was passed in 1983. The Parkway project was in many ways the impetus for a reexamination of that ordinance since the spike in business the project provided for local pit owners, prompted residents to question whether or not pit operators were living by the rules of that ordinance.
Nine operators currently hold licenses in the township but multiple pits can and do exist on the larger properties. One estimate is there are as many as 20 gravel pits in the township.
The old ordinance is also weak on definitions, opening up the greater possibility of legal maneuvers to get around restrictions. Hours of operation are not spelled out in the existing ordinance as well, leaving room for neighborhood problems in areas near pits. These are the kinds of things the new draft ordinance is trying to address. A tighter ordinance potentially gives the township greater ability to enforce its restrictions.
It was not clear if the current draft ordinance, which was passed its first reading, will undergo further change. In any case, in its present form of in some altered form, it will still have to go through a public forum at its eventual second reading.
To contact Vince Conti, email vconti@cmcherald.com.