[HISTORY: Adopted by the Township Committee of the Township of Franklin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-2005 by Ord. No. 2005-14]
The preservation, protection and enhancement of the Morris Canal is
necessary because:
A.
The Morris Canal is recognized as a cultural resource
of national importance by its inclusion on the State and National Registers
of Historic Places.
B.
The Morris Canal was of great significance locally to
the social and economic development of Warren County as a whole and of the
individual municipalities through which it passed and is so recognized by
its inclusion in Warren County's Open Space Plan.
C.
The Morris Canal has environmental importance as a drainageway,
water retention basin and, in many cases, as a portion of valuable natural
area watersheds.
The definition of the Morris Canal corridor on the Municipal Zoning
Map shall include:
A.
The canal right-of-way, levels, prism, basins, locks
and inclined planes.
B.
Adjacent features, sites and structures, such as boat
yards of primary importance to the operation of the canal.
C.
In addition, areas of special sensitivity within the
zone, including but not necessarily limited to special features, such as the
inclined planes, locks and boat basins and yards, shall be designated.
The following shall be prohibited:
A.
The indiscriminate dumping, filling and/or destruction
within the zone of the canal prism, towpath, banks and other related physical
features, both above and below ground.
B.
The issuance of building permits within the canal zone
that would negatively impact the extent of cultural resources and/or the function
of the canal as a drainageway, retention basin or portion of a natural area
watershed.
The crossing of and the excavation within the canal zone for any of
the above mentioned purposes is to be allowed only when there is no feasible
and prudent alternative and when such action is clearly in the public interest.
Provisions in this circumstance are to include: For utilities and sewers,
work is to be done in such a manner as to minimize the disturbance and/or
destruction of significant features, both above and below ground, and any
such features disturbed and/or destroyed in such work are to be restored to
their preexisting condition as closely as is feasibly possible.
