[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 12-10-1973 by Ord. No.
73-12. Amendments noted where applicable.]
GENERAL REFERENCES
Wildlife feeding — See Ch. 210.
The Beach Haven Wild Bird Refuge is hereby designated
and established in and for the Borough of Beach Haven, New Jersey.
The Borough of Beach Haven does hereby lay out,
set apart and establish all the following described area of land for
said purpose: two islands owned by the Borough of Beach Haven situate
in Little Egg Harbor Bay and known as Parker's Island, consisting
of 15.04 acres, and Parker's Sedge, consisting of 1.22 acres.
Hunting on these islands is prohibited.
[Amended 4-12-2010 by Ord. No. 2010-9]
A.
In addition to protecting and preserving Parkers Island as a wild
bird refuge, it shall be designated as a spoil area for the disposition
and depositing of clean dredged spoil material dredged from the bottom
of Little Egg Harbor Bay where the quality of such dredge spoil is
not inimical to nor incompatible with the preservation of Parkers
Island as a wild bird refuge.
B.
The area set aside for such disposal of dredge spoil material shall
be on the southerly portion of Parkers Island and shall constitute
an area not exceeding 11 acres in area.
C.
The utilization of the spoil area as described above in Subsection B shall be only with a permit issued by the governing body of the Borough of Beach Haven after review and approval of an appropriate application by the Borough Engineer of the Borough of Beach Haven. The application shall be on a form prescribed by the Borough Engineer and shall be executed by an authorized signatory authorized by the entity seeking to utilize the disposal area.
(1)
The Borough Engineer shall review any application and upon being
satisfied that the proposed disposal will not be inimical to the use
of Parkers Island as a wild bird refuge may recommend to the governing
body of the Borough of Beach Haven approval or disapproval of the
application and further shall recommend appropriate limitations and
conditions to such approval.
(2)
The governing body of the Borough of Beach Haven shall in issuing
any permit recommended by the Engineer authorize the issuance of the
same by resolution duly adopted which resolution shall fix the compensation
to be paid by the applicant to the Borough of Beach Haven.
E.
Criteria for establishing charge to private parties to utilize the
disposal site.
(1)
The Council of the Borough of Beach Haven does acknowledge that use
of the disposal site by public agencies including the United States
government and its subordinate boards and bodies; the State of New
Jersey, its subordinate boards and bodies; the County of Ocean and
its subordinate boards and bodies would be utilizing the disposal
site for the public good which would convey certain benefits to taxpayers
and residents of the Borough of Beach Haven, therefore, no charge
will be levied against those entities.
[Amended 9-13-2010 by Ord. No. 2010-20]
(2)
Private parties utilizing the disposal facilities are utilizing the
facilities for their own benefit and gain and will, therefore, be
charged a disposal fee. In fixing the disposal fee the governing body
of the Borough of Beach Haven shall weigh the benefit to the permit
applicant which the granting of the license or permit would convey
taking into account as well the payments made by prior permittees
for use of the disposal site.
F.
Considerations are to be considered by the Borough Engineer in reviewing
applications.
G.
The maintenance of the spoil area will be under the supervision of
the Borough Manager of the Borough of Beach Haven, and the spread
and grading of all spoil material will be performed by the permittee
under the direction of the Borough Manager of the Borough of Beach
Haven and also under the supervision of the Borough Engineer of the
Borough of Beach Haven.
[Amended 9-13-2010 by Ord. No. 2010-20]
