[HISTORY: Adopted by the Township Committee of the Township of Franklin 8-22-1994 by Ord. No. 94-5; amended in its entirety 2-9-1998 by Ord. No. 98-2. Subsequent amendments noted where applicable.]
It is the intent of this chapter to regulate poultry businesses, which result in the creation of poultry manure, for the protection of persons and property and for the preservation of the public health, safety and welfare of the Township of Franklin and its inhabitants and to ensure that poultry business sites are maintained and operated in such a manner as to minimize surface and ground water contamination, air pollution, odors and annoyance from flies. Any poultry business housing less than 10,000 birds or fowl is exempt from this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person, by site, whose act or process results in the production of poultry manure.
- Includes any person, firm, partnership, association, corporation, company or organization of any kind.
- POULTRY BUSINESS
- Includes a place where poultry eggs are laid or hatched, or poultry of any kind is raised or produced for sale.
Effective January 1, 1995, it shall be a violation of this chapter for any person to operate and maintain a poultry business within the Township without first having an approved poultry manure waste management and disposal plan (MDP) in accordance with the requirements of this chapter. The operation of a poultry business without an approved plan in place shall subject the operator to the fines and penalties set forth in this chapter. Nothing in this section shall be construed to permit the Township to enjoin the operation of the poultry business because of the failure to have an approved MDP. Approvals of MDP's or MDP are not transferrable. Upon the sale of any poultry business, a new application must be forwarded for review and approval as set forth herein. If such sale occurs after November 1 in any year, the purchaser/transferee shall have 30 days following said sale or transfer in which to submit an MDP or MDP's for review and approval. The Township will then have 60 days in which to review and approve or disapprove the MDP or MDP's.
Application for approval of the MDP required by § 107-4 of this chapter shall be submitted to the Township Clerk no later than November 1 of each year for the succeeding year's approval upon forms provided by the Township Clerk and shall be signed and verified by the applicant and shall contain the following information:
Name and address of applicant: if an individual, the name, address and business address; if a partnership, the name, address, residence and business address of each partner; if a corporation, the name and address of all officers, all stockholders, including all names, and addresses of persons who own in excess of 10% of the shares of the corporation; if not a corporation of the State of New Jersey, whether the same is authorized to do business in the State of New Jersey; the name and address of all partners if any stockholder is a partnership; and the name and address of all officers if any stockholder is a corporation.
The name and address of the owner of the property for which approval of the MDP is sought. In the event that the applicant is not the owner, then written consent of the owner must be furnished.
A poultry manure waste management disposal plan (MDP) prepared by a professional reasonably qualified in the disciplines related to the sound and healthful management of poultry and/or poultry wastes, who shall be acceptable to the Township Committee and who shall, in either case, be familiar with environmental regulations relating to industrial uses of property, including but not limited to the Water Pollution Control Act, the Clean Air Act, New Jersey Pollutant Discharge Elimination System (NJPDES) and other similar environmental laws and regulations. The MDP shall contain the following information:
An estimate of the amount of poultry (birds) expected to be kept on the approved premises in the year for which the approval is sought from January 1 to December 31.
An estimated amount of poultry manure expected to be generated each year for which the approval is sought from January 1 to December 31.
A detailed description of how the poultry manure is collected and stored.
A detailed description of the treatment the poultry manure will receive to minimize odors, flies and water runoff, otherwise known as an "integrated pest management control plan."
A detailed description of the method used to remove the poultry manure from inside the houses and an estimated range of dates and times of day of expected removal.
Removal of poultry manure.
For all of the poultry manure removed from the approved premises and disposed of in Franklin Township, set forth:
A list of the location or locations to which the poultry manure will be taken, including the name of each property owner and the lot and block numbers of property, and certification that for each disposal site an approved nutrient management plan is on file; provided that from February 1 through October 14 of every calendar year, no poultry manure shall be delivered or applied if the ground is frozen or temperature reaches 60° F. in the following zone: from north of the railroad to the Township line and east of Edison Road to the Township lines under any circumstances.
[Amended 3-2-2009 by Ord. No. 2009-3]
The number of acres to which poultry manure will be applied.
The type of crop expected to be grown with the use of poultry manure.
The amount expected to be applied to each acre.
A range of dates on which poultry manure is to be delivered to such farms.
The range of dates on which poultry manure may be delivered shall be limited to October 15 through April 15 of every calendar year unless the temperature on any given day reaches 60° F. and the ground is not frozen, then under those circumstances, no poultry manure shall be delivered.
[Added 3-29-1999 by Ord. No. 99-8; amended 7-12-1999 by Ord. No. 99-14; 3-2-2009 by Ord. No. 2009-3]
In specific cases and for particular reasons on application made by an applicant, the range of dates set forth in Subsection C(6)(a) herein may be extended; provided, however, that nothing herein shall infer, imply or grant any modification to the remaining provisions of Subsection C(6)(a).
[Added 3-10-2003 by Ord. No. 2003-6]
If the information required by this subsection is not available by the November 1 deadline for plan submission, then such information shall be provided at a later date, but in no event shall the information required by the subsection be provided by the applicant later than 30 days prior to the removal of any manure from the premises. No manure shall be removed without this portion of the plan being in place.
A plan to regulate the emission of air and other contents from each building into the outside air in such a fashion as to minimize the emission of substances which may be deleterious to humans coming into contact with them or a statement that no such plan is feasible.
The plan and any information provided to the Township pursuant to this chapter shall be forwarded to the Township via certified mail, return receipt requested with a copy to the Mayor of the Township and the Township Zoning Officer.
Editor's Note: See N.J.S.A. 58:10A-1.
Each application shall be accompanied by a fee of $500. Each applicant shall also be required to place an escrow towards and shall be responsible for all costs of review and approval of the applicant's application. Such costs may include, but are not limited to, engineers, consultants, attorneys or other persons necessary, in the Township Committee's opinion, for the approval of the applicant's application. The escrow deposit required shall be $8,500 for an initial application and $2,500 with respect to a review application, provided that said amounts may be adjusted downwards or upwards by resolution of the Township Committee upon a finding of reasonable cause for such adjustment.
The fee shall not be prorated and may be adjusted from time to time to approximate the cost of administration of various provisions of this chapter.
All applications shall be reviewed by the Township's consultants and forwarded to the Township Committee along with their recommendations. The Township Committee shall determine whether the application is in accordance with this chapter and good farming and health practices and, if so, shall approve the MDP. The application shall be filed with the Township no later than November 1 of each year for the year commencing on January 1 of the next year. The Township's consultants shall review the proposed plan submitted by the applicant by December 1 of each year. If the applicant and Township's consultants cannot agree on the MDP by January 1, then the Township Committee shall hold a hearing to approve or disapprove the MDP as proposed by the applicant.
The Warren County Health Department, in conjunction with the Township's consultants, is hereby designated as inspector whose duty shall be to conduct inspections of the approved premises in order to determine whether operations are being conducted n accordance with the requirements contained in this chapter and the poultry manure waste management disposal plan. Said inspections shall be conducted at a minimum of once per month or as frequently as deemed necessary by the Warren County Health Department in conjunction with the Township's consultants. The inspector shall submit, upon written request, written reports of all such inspections to the Township Committee. The inspector is further designated as the enforcement officer of this chapter and shall, in conjunction with the Township's consultants, investigate any and all alleged violations thereof.
Pursuant to N.J.S.A. 40:52-1.2 and Town Ordinance 90-2, it is hereby required that, as a condition for the approval of an MDP, the applicant, if he is the owner thereof, shall pay any delinquent property taxes or assessments on the property wherein the business or activity for which the approval is sought or wherein such business or activity is to be conducted.
Removal of poultry manure from the approved premises may be conducted only from Monday through Saturday during daylight hours.
All roads or traveled rights-of-way within the approved premises must be regularly cleaned or treated with a dust-arresting agent as necessary to reduce the excessive accumulation and dissemination of manure beyond the approved premises.
All vehicles, including tires and undercarriage, used in the removal of the manure from the approved premises shall be washed, if necessary, before leaving the approved premises to reduce the dissemination of manure beyond the boundaries of the approved premises.
No manure or soil shall be tracked from a site at which manure is disposed. In the event that manure or soil is deposited on a roadway in the Township, the same shall be cleaned within 24 hours.
All vehicles shall be enclosed or tarped in such a way as to prevent the escape of manure from the vehicle transporting it.
Disposal of poultry manure on the approved premises is prohibited. Also the stockpiling or other presence of manure outside the buildings which house the poultry for more than the time necessary to clean up an accidental spill or discharge is prohibited. Nothing herein contained shall be construed to prevent or prohibit an operator of a poultry business from using poultry manure in its own farming operations, in accordance with its MDP and otherwise in compliances with applicable laws and good farming practice.
Manure shall be plowed into the ground by mold board plowed into the soil. The user of the manure must have an approved soil management plan from the Natural Resources Conservation Service. (Note: See Nuisance Ordinance, Chapter 146.)
[Amended 3-29-1999 by Ord. No. 99-8; 7-12-1999 by Ord. No. 99-14; 12-20-1999 by Ord. No. 99-24]
The penalty portions of this chapter shall be enforced on behalf of the Township of Franklin by the Warren County Health Department which shall investigate any violation of this chapter coming to its attention whether by complaint by any interested person or otherwise. If a violation is found to exist or have existed, the Warren County Health Department shall have the authority to prosecute a complaint in the Municipal Court or to seek such other relief as may be available to it. Any proceedings pursuant to this chapter may also be instituted and prosecuted by the Township in accordance with the provisions of this chapter.
Any person who violates any provision of this chapter or any provision of any plan approved in accordance with this chapter shall, for each such violation or offense, be fined up to $1,000 for every day in which a violation or offense of any provision of this chapter exists or continues, unabated.
Additional relief may include:
A temporary or permanent injunction.
Assessment against the violator for the cost of any investigation, inspection, monitoring which led to the establishment of the violation and for the reasonable costs of preparing and litigating the case; such costs may be awarded only if the Township prevails in its case.
Assessment against the violator for any costs incurred by the Township in removing, correcting or terminating the adverse effects upon environmental quality or public health resulting from any violation of this chapter.
Assessment against the violator for compensatory damages for any loss or destruction of wildlife, fish, water quality and/or for any actual damages caused by any violation of the sort.
Assessments against any violator hereof may be paid from, but shall not be limited to or by the terms or amount of, the performance bond or letter of credit posted by such person.
The Township Committee may, by resolution, waive the compliance by an applicant with specific technical requirements or technical defects in an application, upon a finding by such Committee that:
Reasonable cause exists for the grant of such waiver.
Compliance with the technical requirement or cure of the technical defect will cause undue hardship to the applicant.
The health and safety purposes of this chapter will not be materially adversely affected by such waiver.
A change in conditions subsequent to an approval makes it necessary to amend the terms of an MDP.