Township of Lower, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Lower 12-10-1975 as Sec. 4-5 of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and debris — See Ch. 185.
Dumping — See Ch. 285.
It is the best interest of the Township that there be established rules and regulations for the dumping of trash, offal, decaying substances, garbage, and refuse of all natures where the same is done on a commercial basis and/or on a basis involving dumping of said refuse, trash, offal, decaying substances, and garbage in excess and large quantities; and it is in the best interest of the Township for the protection of the health, welfare and safety of the citizens of the Township that such deposits be regulated, licensed and that penalties for violations thereof be enforced.
No person shall operate any dump or landfill within the Township for the accumulation of trash or offal, any decaying substance, garbage, or refuse of any nature, nor shall any person fill any sunken or excavated low or marshland with the aforesaid forms or fill within the Township, except in a duly authorized and licensed sanitary landfill.
Nothing herein contained shall be construed to apply to any sanitary landfill operation where the same is presently under contract for the exclusive use of the Township and its citizens so long as the same remains under contract with the Township for the exclusive use of the Township and its citizens.
Notwithstanding any other section or any other ordinance previously adopted by the Township Council, the Township shall have the authority to license any person to operate a dump or sanitary landfill within the Township for the accumulation of trash, offal, any decaying substance or for the dumping of garbage and refuse of any nature. The license may be given by the Township Council upon finding that the proposed dump or landfill does not threaten the health and the safety of the persons residing in the Township and the same complies with the laws of the State of New Jersey in regard to the establishment and operation of sanitary landfills.
The license so issued shall be for a period of one year and shall become effective upon the payment by the licensee to the Township of Lower of an annual license fee of $1,000. No license shall be renewed unless the licensee complies with the laws of the State of New Jersey in regard to sanitary landfills and unless the aforesaid license fee is paid.
The method of application for the licensing of sanitary landfills shall be by application to the Township Council showing a plot plan of the area to be used, accompanied by an affidavit of the machinery, facilities, and equipment available or owned by the licensee for the purpose of covering refuse in sanitary landfills as required by the laws of the State of New Jersey. Said plans and affidavit shall be filed with the Township Clerk in duplicate who shall forthwith transmit one complete copy of the application and its accompanying affidavit to the Township Planning Board to be considered at its first meeting after the receipt thereof; the Township Planning Board shall then forward its recommendations to the Township Council. In the event the Township Council is of the opinion that the same should be granted, a resolution shall be adopted allowing the establishment of the sanitary landfill, which resolution will authorize the Township Clerk to issue a license for a sanitary landfill for a period of one year upon the payment of $1,000 by the licensee.
The Township Council shall at all times have the right to revoke the license for sanitary landfills upon its finding that the licensee has failed to comply with the regulations of the State of New Jersey in regard to sanitary landfills.
The Township Council shall have the right to promulgate rules and regulations for the operation of sanitary landfills by publishing the same once a week for two consecutive weeks in a newspaper circulating in the Township, and by posting a copy of the regulations in the Township Hall, and by sending a copy of the regulations by registered mail to the sanitary landfill operators that are duly licensed.