[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.]
As used in this chapter, the following terms shall have the meanings
indicated:
[Amended 8-15-1985
by Ord. No. 515-85]
Â
Soil materials containing the following:
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 Middle.
A.Â
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.Â
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.
[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.Â
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.Â
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.
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.Â
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.Â
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.Â
The Township Committee shall determine the time period
which the requested permit will cover.
[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:
The Township Committee may, in its sole discretion, waive any requirement
contained herein.
[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.