[HISTORY: Adopted by the Township Council of the Township of Lower 1-23-2004
by Ord. No. 2004-1. Amendments noted where applicable.]
[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:
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.
