[HISTORY: Adopted by the Township Committee of the Township of Dennis 10-14-1986 as Ord. No. 86-126. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
DREDGE SOIL
Soil materials and wet excavation materials from meadowland areas and saltwater marshes containing any one or more of the following:
A. 
Highly organic matter.
B. 
Peat.
C. 
Sulfate (SO4) in excess of 250 parts per million.
D. 
Chloride (Cl) in excess of 250 parts per million.
E. 
Iron in excess of 0.3 part per million.
UPLAND AREAS
All lands situate above a five-foot elevation, based upon mean sea level, including all gravel pits.
No dredge, soil shall be dumped, deposited, landfilled and/or disposed of in any upland area of the Township of Dennis or in any other area of the township to a grade above a five-foot elevation based upon mean sea level.
A. 
No person, corporation or other legal entity shall haul or transport dredge soil within the confines of the Township of Dennis without having first obtained a permit therefor from the Township Committee of the Township of Dennis.
B. 
No person, corporation or other legal entity shall dump, deposit, landfill and/or dispose of any dredge soil in any area of the Township of Dennis below a five-foot elevation based upon mean sea level without having first obtained a permit therefor from the Township Committee of the Township of Dennis.
Upon proper application, the Township Committee shall determine whether a permit to haul and/or dump dredge soil in the Township of Dennis shall be granted the applicant, and the applicant shall submit a written application on a form to be provided by the office of the Township Clerk. Additionally, the applicant shall provide to the Township Committee an environmental impact statement prepared by a licensed professional engineer or environmentalist of the State of New Jersey which shall set forth, inter alia, the following:
A. 
The impact upon the area from which the dredge soil is to be removed if the same is situate within the Township of Dennis.
B. 
The impact upon the area upon which the dredge soil is to be dumped, deposited, landfilled or otherwise disposed of if the same lies within the confines of the Township of Dennis.
The applicant shall provide notice to all property owners within 500 feet of the premises from which the dredge soil is to be removed or to all persons within 500 feet of the area upon which the dredge soil is to be deposited, or both, if applicable, not less than 10 days prior to consideration of the application by the Township Committee.
A. 
Upon receipt of proof of adequate notice to the surrounding property owners and upon receipt of proper application and an environmental impact statement as required hereunder, the Township Committee will hold a hearing with regard to the proposed application.
B. 
The Township Committee shall determine whether the proposed hauling and/or dumping of dredge soil shall have a detrimental effect upon the health, safety and welfare of the people of the Township of Dennis or any of them.
C. 
In the event that the Township Committee shall determine that the proposed hauling and/or dumping of dredge soil shall have a deleterious effect upon the health, safety and/or welfare of the people of Dennis Township or any of them, it shall deny the permit.
D. 
In the event that the Township Committee shall make a finding that the proposed hauling and/or dumping will not have a deleterious effect upon the health, safety and/or welfare of the people of Dennis Township or any of them, it may, in its sole discretion, grant the proposed permit.
The Township Committee may, in its discretion, impose additional conditions or restrictions upon any permit issued pursuant hereto, including but not limited to those governing the following areas of concern:
A. 
The hours, dates and months of operation.
B. 
The route to the proposed fill site.
C. 
The duration of the permit.
[Amended 3-4-08 by Ord. No. 2008-04]
Any person, corporation or other legal entity applying for a permit pursuant to this chapter shall execute and file with the Township Clerk, in a form satisfactory to the Township of Dennis, a consent authorizing the appropriate officials and representatives of the township to enter upon and inspect any vehicles used in the transportation of such material and upon any lands or premises onto which such material is being deposited for the purpose of ensuring that there is full compliance with this chapter, as amended and supplemented, and to ensure strict compliance with the environmental impact study filed pursuant hereto and to ensure no environmental hazard or threat which would be contrary to the public health, safety or welfare. There shall be no limitation on the number of such inspections which may be carried out during the term of the permit. The applicant, upon application for a permit shall deposit with the Chief Finance Officer of the Township of Dennis and amount of money estimated by the Township necessary for all costs associated with inspections and reviews under this section.
Upon the granting of a permit by the Township Committee, the applicant shall pay to the Township Clerk a fee for each permit which he is granted pursuant to the following schedule: $2 per cubic yard.[1]
[1]
Editor's Note: Former Section VII, Penalty, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. 1. For current penalty provision, see § 1-9 of Ch. 1, General Provisions.
The Township Committee may, in its sole discretion, waive any requirement contained herein.