Township of Middle, NJ Chapter 260 Dredge Soil

[HISTORY: Adopted by the Board of Health of the Township of Middle 8-30-1984 as Ord. No. 490-84. Section 260-9 amended at time of adoption of Code; see Ch. 256, General Provisions, Board of Health, Art. I. Other amendments noted where applicable.]

GENERAL REFERENCES

Dumping — See Ch. 128.

Excavations and soil removal — See Ch. 132.

§ 260-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DREDGE SOIL

[Amended 8-15-1985 by Ord. No. 515-85]

 

Soil materials containing the following:

A. Greater than 10% organic material;

B. From tidal sources, a chloride content greater than 0.01% (by weight);

C. When dried and oxidized, pH ranges between 2.0 and 5.0; and/or

D. A field identifiable by its dark gray to black color, high plasticity, high water content and low bearing value.

UPLAND AREAS

All lands Situate above a five-foot elevation based upon mean sea level, including all gravel pits.

§ 260-2 Dumping of dredge soil prohibited.

No dredge soil shall be dumped, deposited, landfilled and/or disposed of in any upland area of the Township of Middle.

§ 260-3 Permits required.

A. No person, corporation or other legal entity shall haul or transport dredge soil within the confines of the Township of Middle without having first obtained a permit therefor from the Township Committee of the Township of Middle.

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 Middle 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 Middle.

§ 260-4 Application.

[Amended 3-21-1985 by Ord. No. 496-85]

Upon proper application, the Township Committee shall determine whether a permit to haul and/or dump dredge soil in the Township of Middle shall be granted. The applicant shall submit a written application on a form to be provided by the office of the Township Clerk. Upon receipt of the application, the Township Clerk shall file a hearing date. Additionally, the applicant shall provide to the Township Committee, 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 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 Middle.

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 Middle.

§ 260-5 Notification of property owners.

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.

§ 260-6 Hearing, granting or denial of permit.

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. 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 Middle or any of them.

B. 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 Middle Township or any of them, it shall deny the permit. 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 Middle Township or any of them, it may, in its sole discretion, grant the proposed permit.

C. The Township Committee shall determine the time period which the requested permit will cover.

§ 260-7 Fees.

[Amended 3-21-1985 by Ord. No. 496-85]

Upon 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:

A. Up to 300 cubic yards: no charge.

B. Three hundred one cubic yards to 500 cubic yards: $100.

C. Five hundred one cubic yards to 1,000 cubic yards: $250.

D. One thousand one cubic yards to 2,500 cubic yards: $500.

E. For each cubic yard in excess of 2,500: $0.25.

§ 260-8 Waiver of requirements.

The Township Committee may, in its sole discretion, waive any requirement contained herein.

§ 260-9 Violations and penalties.

[Amended 3-21-1985 by Ord. No. 496-85[1]]

Any person violating any provision of this chapter shall pay a fine of $5 for each cubic yard of dredge soil improperly hauled, transported, dumped, deposited, landfilled and/or disposed of in violation of this chapter, up to a maximum of $500.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).