The governing body of the City finds and declares that the unregulated
dumping of clean fill can damage the aesthetic beauty and the environmental
quality of the community. It also can endanger the public health,
safety and general welfare of the citizens if the fill contains substances
that contaminate the soil or groundwater. It is the purpose and intent
of these regulations to regulate the dumping of clean fill.
As used in this article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
Clean gravel, sand, soil or rock deposited for the purpose
of landscaping or regrading the land.
No person shall dump or deposit more than 300 cubic yards of
clean fill on any lot within a twelve-month period without obtaining
a zoning permit from the Zoning Officer. The fee for the permit is
$100.
The application for a zoning permit shall be made in writing
and filed with the Zoning Officer on a form provided by the City and
shall contained the following information:
A.
The name and address of the applicant.
B.
The name and address of the person transporting the clean fill.
C.
The location where the clean fill is to be dumped or deposited.
D.
The intended use for the clean fill.
E.
The composition and source of the clean fill.
F.
Such other information as is required on the application form provided
by the Zoning Officer.
A.
The dumping or depositing of clean fill at a location selected by
the applicant and approved by the Zoning Officer shall be consistent
with any regulations adopted by the County Board of Health or the
New Jersey Department of Environmental Protection.
B.
The dumping or depositing of clean fill on a property must be undertaken
during normal working hours and not require the construction of a
driveway or road to the dump site.
C.
Clean fill shall be transported through the streets of the City only
in vehicles that are covered to prevent any spillage of the contents.
A.
Any applicant for a zoning permit may be denied a permit by the Zoning
Officer, or any permit issued may be suspended or revoked by the Zoning
Officer for any of the following causes:
B.
Opportunity to cure. Whenever the public officer shall determine
that any action is being taken in violation of this section, the public
officer shall notify the applicant and provide the applicant with
a period not to exceed 30 days to cure the violation. The applicant
shall further be given the opportunity to show that the proposed suspension
or revocation is inappropriate because it is based on incorrect or
obsolete information.
C.
Administrative action. In the event that the applicant fails to cure
the violation or fails to show that the proposed suspension or revocation
is inappropriate, within the time period granted, the public officer
shall issue an order revoking the permit or suspending it for a period
not to exceed one year. The order may include demand for payment of
any registration or inspection fees due and unpaid.
D.
Hearing.
(1)
The applicant shall have the opportunity to be granted a hearing on the proposed suspension or revocation of the permit and demand for payment of fees unpaid and due, by submitting a written request for a hearing to the public officer within 30 days of issuance of the order in Subsection C above. In such event, the effect of such order shall be stayed until the conclusion of the hearing.
(2)
Upon receipt of a request for a hearing, the public officer shall
notify the City Attorney, identifying the applicant and the grounds
for the order.
(3)
Upon receipt of said notification, the City Attorney shall identify
a hearing officer, which may be the City commissioner/director of
public affairs or another qualified individual, who may or may not
be a municipal employee, and shall issue a notice of hearing setting
forth the date, time and place of the hearing, the nature of the order
which is the subject of the hearing and the grounds for issuance of
the order. The hearing shall take place not less than 20 days from
the date of service of the notice of hearing.
(4)
The notice of hearing shall be served upon the applicant. Service
shall be made personally or by regular and certified mail, return
receipt requested, by mailing the notice of hearing to the last known
address of such person.
(5)
The public officer shall testify at the hearing and may produce witnesses
in support of the grounds for issuance of the order. The applicant
shall have the right to appear at the hearing and testify, produce
witnesses, and be represented by an attorney.
E.
Action by hearing officer; appeal.
(1)
After the hearing, the hearing officer shall prepare a written order
setting forth his or her findings and affirming, modifying or rescinding
the order of the public officer, including any registration or inspection
fees due and payable.
(2)
A copy of the order shall be served on the applicant personally or
by regular and certified mail, return receipt requested, by mailing
the document to their last known address.
(3)
The applicant or any party in interest may, within 30 days of receipt
of the order, institute a summary proceeding in the Superior Court,
Law Division, to contest the reasonableness of any provisions of the
order.
