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 1-23-2004 by Ord. No. 2004-1. Amendments noted where applicable.]
GENERAL REFERENCES
Construction equipment and sites — See Ch. 242.
Dumping — See Ch. 285.
Land development — See Ch. 400.
Landfills — See Ch. 408.
Licenses and permits — See Ch. 413.
Soil removal — See Ch. 557.
[Amended 2-18-2004 by Ord. No. 2004-1-A]
It is in the best interest of the Township that there be established rules and regulations affecting dredge materials to promote and protect the public health, general welfare and safety.
As used in this chapter, the following terms shall have the meanings indicated:
DREDGE MATERIALS
Sediments, commonly referred to as “spoils,” removed from dredging operations in salt water, back bay and tidal areas.
[Amended 2-18-2004 by Ord. No. 2004-1-A]
[Amended 2-18-2004 by Ord. No. 2004-1-A]
No person, corporation, or other legal entity shall deposit or receive any dredge materials in any area of the Township of Lower for the storage, stockpiling, landfilling, sale, resale or any other commercial use or purpose of such dredge materials except in areas within 1,000 feet of a navigable tidal waterway and further subject to the receipt of a permit issued in accordance with § 409-4 below. Dredge materials that have been deemed to be clean fill materials by the New Jersey Department of Environmental Protection may be used for construction-related activities anywhere within the Township of Lower.
[Amended 2-18-2004 by Ord. No. 2004-1-A]
Before any person, corporation, or other legal entity shall deposit or accept dredge materials for the purposes and in the areas that are not prohibited in § 409-3 shall first obtain a permit from the Township Council of the Township of Lower.
[Amended 2-18-2004 by Ord. No. 2004-1-A]
Nothing herein contained shall be construed to apply to the following, provided that the depositing or acceptance of dredge materials is within 1,000 feet from any navigable tidal waterway:
A. 
On-site depositing or acceptance of dredge materials. For the purposes of this chapter, "on-site" depositing or acceptance shall mean the placement of dredge materials upon the same or adjacent plot or parcel of property from which said dredge materials were extracted;
B. 
The depositing or acceptance of dredge materials upon any other site which is approved by the State of New Jersey Department of Environmental Protection as a "confined disposal facility."
[Amended 2-18-2004 by Ord. No. 2004-1-A]
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 deposit dredge materials within the Township pursuant to § 409-9 of this chapter and in accordance with all other provisions of this chapter.
[Amended 2-18-2004 by Ord. No. 2004-1-A]
An applicant shall submit a written application on a form to be provided by the Township Clerk. Upon receipt of a complete application, the Township Clerk shall fix a hearing date, which shall be no more than 30 days from the date the application is received. Additionally, the applicant shall provide to the Township Council, at least 10 days prior to the hearing date, a topographic survey of the site in question and an environmental impact statement prepared by a licensed professional engineer which shall set forth the origin of the dredge materials, the proposed location of the dredge materials, and the impact upon the area upon which the dredge materials are to be dumped, deposited, stored, landfilled, or otherwise disposed.
[Amended 2-18-2004 by Ord. No. 2004-1-A]
The applicant shall provide notice to all property owners within 500 feet of the property upon which the dredge materials are to be deposited not less than 10 days prior to the hearing date. Proof of said mailing shall be provided to the Township Clerk no later than two days before said hearing.
A. 
The Township Council shall conduct a hearing to determine whether the applicant is in compliance with the provisions of this chapter and any other applicable provisions of the general ordinances of the Township of Lower.
B. 
In the event that the Township Council shall determine that the proposed depositing of dredge materials is in compliance with the provisions of this chapter and all other applicable provisions of the general ordinances of the Township of Lower, and that the applicant is currently in compliance with all local, state and federal laws affecting the property upon which the dredge materials are to be deposited, it shall grant the permit.
[Amended 2-18-2004 by Ord. No. 2004-1-A]
[Amended 2-18-2004 by Ord. No. 2004-1-A]
In the event that dredge materials are to be permanently disposed of or deposited or stored for a period of more than one year, the property shall be maintained to prevent soil erosion in accordance with the policies and procedures of the Cape Atlantic Conservation District, or any successor thereto.
Applicants shall obtain all state and federal approvals and provide proof of same to the Council no less than 10 days before the hearing.
Applicants shall submit to the Township Clerk, with their application, an application fee of $100. Any application received without such payment shall be deemed incomplete.
The Township Council shall at all times have the right to revoke the license upon its finding that the licensee has failed to comply with the provisions of this chapter, any other provision of the general ordinances of the Township of Lower, or other applicable state and federal law.
The Township Council may, in its sole discretion, waive any requirement contained herein.
[Amended 2-18-2004 by Ord. No. 2004-1-A]
Any person violating any provision of this chapter shall pay a fine of $5 for each cubic yard of dredge materials improperly dumped, deposited, landfilled, and/or disposed of in violation of this chapter, up to a maximum of $1,000. Each day upon which dredge materials remain upon an unapproved site shall be deemed a separate offense.