Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Franklin 4-25-1968 by Ord. No. 403(Ch. 17 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 112.
Uniform construction codes — See Ch. 146.
Noise — See Ch. 167.
Flood damage prevention — See Ch. 192.
Soil removal and deposit — See Ch. 206.

§ 278-1 Annual permit required.

[Amended 1-28-1997 by Ord. No. 1993]
All owners, lessees, operators, managers, person, persons or corporations having control of any sand bank, pit or quarry within the Township shall obtain from the office of the Township Clerk a pit and quarry permit on or before the first day of February of every fifth year. The provisions of this section shall become effective upon issuance of a permit on February 1, 1997.

§ 278-2 Application materials; fee; permit issuance.

A. 
Before receiving such permit, the applicant shall make an application on forms to be provided by the Township Clerk. Such application shall be signed and verified by the applicant and shall contain the following information:
(1) 
The name and address of the applicant, if an individual; the name, residence and business address of each partner, if a partnership, or, if a corporation, the name, date and state under whose laws such corporation was organized and, if a foreign corporation, whether authorized to do business in New Jersey, the names of directors, principal officers and local representatives, their residence and business addresses.
(2) 
A legal description of the premises where the business is to be conducted and a map of the premises prepared by a licensed engineer or land surveyor, showing the tract involved and public roads contiguous thereto. Such map shall be filed with the Township Clerk or shall be made available at the quarry offices in the Township for inspection by the Township Engineer.
(3) 
Information showing the ownership of the tract involved and the written consent of the owner thereof if the applicant is not the owner.
(4) 
Plans showing the places on the tract where quarrying will be conducted, all entrances or exits to the tract and fences or gates erected or to be erected. Such plans shall be filed with the Township Clerk or shall be made available at the quarry offices in the Township for inspection by the Township Engineer.
(5) 
The hours during which the quarry will be operated.
(6) 
Proof of liability insurance coverage in amounts of not less than $100,000 for each person injured, $300,000 for each accident causing personal injuries and $100,000 for property damage for each accident.
B. 
The fee for each permit shall be $2,200.
[Amended 3-12-1996 by Ord. No. 1944]
C. 
After the license application has been approved by the Township Engineer as conforming hereto, the Township Council shall approve the issuance of a permit to operate the quarry. Such permit shall be renewed every five years on February 1 of such year. Any license issued shall expire on January 31 of the fifth following year.
[Amended 1-28-1997 by Ord. No. 1993]
(1) 
The licensee shall annually, prior to February 1 of each year, submit to the Township Clerk a written certification that all information contained in the approved license remains effective and unchanged and an annual affirmation fee of $250.
(2) 
Should there be a change in the information provided by the approved license, licensee shall submit a revised application as set forth in Subsection A for review by the Township Council.

§ 278-3 Permit revocation.

After 10 days' notice and opportunity to be heard, the Township Council may revoke or suspend any permit issued hereunder if it finds that the permittee is violating the terms of this chapter or any state law.

§ 278-4 Restrictions on noise, dust and smoke.

A. 
Noise. It shall be unlawful for any person to make, cause or permit to be made or caused upon any premises owned, occupied or controlled by him in the Township any unnecessary noises or sounds by means of the human voice, machinery or by other means or methods which are physically annoying to persons or which are harsh or unusual in their use, time and place and which might be injurious to the lives, health, peace and comfort of inhabitants of adjacent property in the municipality. Compliance with this subsection shall be determined by adherence to any state regulations pertaining thereto. The determination shall be based upon inspection by the Engineer or the Health Officer of the Township after proper investigation.
B. 
Dust, smoke, etc. It shall be unlawful for any quarry operator in the Township to cause undue dust, smoke or smog or cause particles to enter the air that in any way shall be injurious to the persons in the community or which shall cause pollution to the air or water of the municipality. Determination of undue pollution of the air or water of the Township shall be the responsibility of the Health Officer based on standards established under N.J.S.A. 34:6-98.1 et seq. or by regulations promulgated thereunder.

§ 278-5 Construction and operation requirements.

A. 
Roads to be treated. The roads or rights-of-way within the licensed premises which do not have permanent pavement shall be treated with road oil at least every 10 days or less as determined to be necessary by the Township Engineer.
B. 
Deposits. In no case shall any stone or other products of quarrying be deposited in any manner on any adjacent properties or on any of the roads in the Township, unless the owners of such property shall consent thereto.
C. 
Fence. A fence shall be erected around the quarrying area which is contiguous to a public road or to an R-7, R-10, R-20 or R-40 Residential Zone, whether such area is being used presently or whether it has been used for such purposes in the past. Such fence shall be woven wire of the chain link type at least six feet high, and any entrance or exit through the fence shall be by means of gates of equal height. Such gates shall be locked shut when not in actual use. The fence shall have three strands of barbed wire placed on top of the same. On the balance of the property of the permittee, there shall be erected a temporary fence of at least three strands of barbed wire which shall be approved by the Township Engineer.
D. 
Signs. Signs shall be maintained at all entrances or exits indicating the name and address of the licensee and that the business being conducted is a licensed quarry operation.
E. 
Blasting. All blasting in a residential area shall be done with the use of steel matting in order to reduce the throw of the material being blasted, which matting shall cover the complete area of blasting.
F. 
Explosives. All explosives shall be handled in accordance with state regulations.
G. 
Stockpiles. Where conveyors discharge material, the average size of which is less than one inch in diameter, onto stockpiles of such materials, the following shall be observed and adhered to:
(1) 
The free-fall of the material being stockpiled from the conveyor to the highest point of the stockpile shall not exceed a distance of six feet.
(2) 
A high-pressure mist water spray shall be directed on the material as it falls from the conveyor to the stockpile so as to reduce the possibilities of dust.
H. 
Lateral support. The licensed operation shall not adversely affect the lateral support of abutting land or other properties.

§ 278-6 Inspections.

[Amended 1-28-1997 by Ord. No. 1993]
All quarry operations under a permit issued pursuant to this chapter shall be inspected at least twice annually by the Township Engineer or the Township Health Officer. The person making such inspection shall file a written report of the same with the Township Clerk. Access to premises for the purposes of such inspection shall be freely given by the permittee after the inspector presents identification. All of the aforesaid inspections may be made by a representative of the state at the Township's discretion.

§ 278-7 Reclamation plan.

[Added 3-11-1986 by Ord. No. 1269; amended 5-13-1986 by Ord. No. 1274; 4-16-1987 by Ord. No. 1331; 4-13-1993 by Ord. No. 1679; 1-28-1997 by Ord. No. 1993]
A. 
Prior to the issuance of an initial license or the renewal of license every five years thereafter, a reclamation plan shall be submitted. The licensee shall annually, prior to February 1 of each year, submit to the Township Clerk a written certificate that the previously approved reclamation plan remains effective and unchanged. Should there be a change in the previously approved reclamation plan, an amended reclamation plan shall be filed by the licensee in full conformance with this section. The reclamation plan shall not only show the ultimate use of the site and the plans therefor, but shall also indicate measures which will be taken during the period for which the permit sought will be effected to progressively fulfill the provisions of the overall reclamation plan. The initial plan shall be submitted to the Planning Board which shall conduct a hearing thereon, which hearing shall be transcribed by a certified shorthand reporter. The Planning Board shall thereafter adopt a resolution containing findings of fact and conclusions of law and recommending approval, approval with conditions or disapproval. This resolution shall be forwarded to the Township Council. The Council shall, within 45 days after receipt of said resolution, make a final determination on the reclamation plan after a de novo hearing based upon the transcript before the Planning Board. The Council shall have the right to supplement the record below by additional testimony or evidence; and, further, the Council shall have the right to delete, amend or supplement the findings of fact and/or conclusions of law set forth by the Planning Board, in accordance with the record before the Council. The initial plan shall detail all work to be performed in the reclamation process, including a specification as to the year in which the plan shall be completed, and shall specify a reasonable proportion of the work to be completed in each year such that there shall not be an undue concentration of work performed in the final years of the plan. Such plan may be subject to amendment or revision from time to time as additional relevant information and circumstances will justify the same. The reclamation plan shall demonstrate the foregoing by including at least the following information:
(1) 
A legal description of the premises where the business is to be conducted and a map or maps of the premises prepared by a professional engineer and land surveyor licensed in the State of New Jersey, which shall depict and show the entire tract involved, and shall have permanent concrete or metal markers of sufficient number and location such that the boundaries of the property and any municipal boundary line traversing the property or any portion thereof are reasonably ascertainable. Where the quarry property abuts a county, municipal and/or state right-of-way or easily ascertainable and stable natural terrain feature, no monuments shall be required along the same. The plan shall also depict all roads or buildings on the tract or within 200 feet thereof; existing and proposed final contours of the land involved and the existing contours of adjoining lands within 200 feet of the area in which quarrying takes place (contours to be created by the quarrying operation shall be shown at two-foot intervals for grades up to 10%, five-foot intervals for grades between 10% and 20%, ten-foot intervals for grades between 20% and 40%, and twenty-foot intervals for grades in excess of 40%); and all wooded areas, brooks, streams, bodies of water, floodways, flood hazard areas and stream encroachment boundaries on the tract involved and within 200 feet thereof.
(2) 
Provisions for restoration of all slopes to a grade not to exceed the angle of repose for the material(s) of which it is comprised; except, however, where slopes exist as of the date of this chapter which are of such degree that it is impractical to rehabilitate the same to such a grade or the Department of Labor of the State of New Jersey or such other state or federal agency having jurisdiction over any aspect of the reclamation of sand banks, pits or quarries authorizes slopes in excess of the angle of repose of the material of which the slope is comprised and it is impractical to reclaim the same to such a grade. The reclamation plan shall provide for such slopes to remain as they are, provided that reasonable safety and erosion controls are incorporated into said plan.
(3) 
Provisions indicating that rock quarry faces created after the effective date of this chapter shall be sloped at no more than 30° off the vertical and shall be benched at heights not exceeding 130 feet with a horizontal distance of not less than 25 feet between benches; except, however, where the Department of Labor of the State of New Jersey or such other state or federal agency having jurisdiction over any aspect of the reclamation of rock quarries authorizes benches at heights in excess of 130 feet, then the same shall govern.
(4) 
Where quarrying requires the removal of topsoil, provisions for setting aside and retaining on the premises all such soil so as to be available for distribution over those portions of the premises which the ultimate reclamation plan indicates require such soil. The reclamation plan shall provide that when soil is required to be distributed, it shall be to a minimum depth of six inches or such greater depth as may be required so as to support vegetation. Where final contours of rock quarry faces are of such slope as to make the placement of topsoil impractical, the reclamation plan shall provide that all such slopes shall be planted with rootable plant ground cover material in sufficient number and of sufficient size to minimize erosion.
(5) 
Provisions for simultaneous quarrying and reclamation, in accordance with the proposed plan.
(6) 
Provisions showing adequate drainage during quarrying or mining operations and during and after the implementation of the reclamation plan.
(7) 
Provisions showing adequate lateral support for slopes and grades abutting streets and neighboring lands during quarrying or mining operations and during and after the implementation of the reclamation plan.
(8) 
Provisions for a fence erected around the quarrying area to assure nonaccess thereto by unauthorized persons. Nothing contained herein shall be construed to prohibit the erection of said fencing around the entire perimeter of the property of the applicant in lieu of only the quarrying area. The fence shall be woven wire of the chain link type. The fabric shall be nine-gauge aluminum-coated steel with two-inch mesh. It shall be six feet high with three strands of twelve-gauge galvanized barbed wire placed on top. The post shall be galvanized steel pipe eight feet eight inches long and two inches in diameter with a cap on the top. The corner post shall be eight feet eight inches long and 2 1/2 inches in diameter with a cap on the top. The post shall be placed in holes two feet one inch deep with a ten-inch diameter, and the hole shall be filled with Class D concrete. The spacing of the posts shall be 10 feet apart. The fence shall be accessible around its entire perimeter along the interior for purposes of inspection. The fence shall be maintained in such a manner that it is free from vegetation, such as honeysuckle, multiflora roses and other types of vegetation indigenous to the area. The fence may be erected over a period of years not exceeding two years in as nearly equal increments as reasonably possible, provided that the owner shall post a performance guaranty in the form of either cash, certified check or letter of credit in an amount equal to the uncompleted portion of the fence. Said performance guaranty shall be posted at the time of the approval of the initial plan.
(9) 
Provisions for final completion of all reclamation within a one-year period of time after termination of quarrying operations, whether for the entire quarry or any portion thereof, excepting where any reclamation plan shall require water accumulation, the accommodation of such water shall not be subject to the one-year provision hereof. In such event, the method of accumulation shall be set forth in the plan before the Planning Board.
(10) 
An itemized estimate of costs for all reclamation work to be completed in the ensuing year.
(11) 
Provisions demonstrating that the use to which the sand bank, pit or quarry is to be put after all quarrying or mining operations have terminated shall be consistent with the Master Plan and the surrounding properties.
(12) 
Such other information as may be reasonable and necessary.
B. 
Complete applications must be filed at least 150 days prior to the expiration of any previously existing permit, and the Planning Board shall act within 60 days after filing of a complete application. Failure to approve or disapprove within said time shall result in an automatic approval.
C. 
Upon each application for renewal of any permit after approval of the initial reclamation plan required herein, the applicant shall be required to update the reclamation plan so as to:
(1) 
Indicate only those changes or differences which have taken place or have occurred since its last application.
(2) 
Set forth those changes in performance or maintenance guaranties required by actual performance or changed conditions.
(3) 
Set forth all rehabilitation, screening and similar operations which have been completed during the past year.
(4) 
Post security, as hereinafter defined, sufficient to cover the cost of the reclamation work required by the initially approved reclamation plan or any amendments thereto to be performed during the ensuing year and maintenance of reclamation improvements during said ensuing year.
(5) 
In the event of a dispute as to the amount of the security or the reclamation work and maintenance required by the approved rehabilitation plan for the ensuing year, the applicant may resort to the appeal procedures set out in § 278-8 below.
D. 
Nothing in this chapter is intended to or shall be deemed to require reclamation of or place restriction on the mining or quarrying of any portions of a sand bank, pit or quarry which the reclamation plan for that facility provides will be below any water elevation which may exist in connection with the ultimate use to which that facility may be put as reflected in said reclamation plan, except as regards benching, which requirements shall be adhered to.

§ 278-8 Submission of security deposit.

[Added 3-11-1986 by Ord. No. 1269; amended 4-16-1987 by Ord. No. 1331]
Prior to the issuance of any license or the renewal of any license, in addition to compliance with the provisions of § 278-7 hereof and all other applicable ordinances, the applicant shall submit security in the form of cash, certified check or letter of credit to assure completion of all reclamation activities which are to be undertaken during the period for which the permit is to be issued, in accordance with the following standards:
A. 
The form and amount of the security shall be subject to approval by the Township Attorney and Township Engineer, and it shall be of an amount sufficient to guarantee the completion of fencing, screening and such portion of the reclamation plan intended to be completed during the ensuing year.
B. 
Periodic inspections may be made to evaluate performance of the applicant with respect to rehabilitation procedures.
C. 
At the request of the applicant, the amount of the security may be adjusted, provided that the basis therefor is substantiated by said applicant and approved by the Township Council after receipt of a report from the Township Engineer and Township Attorney.
D. 
In the event of a dispute between the applicant and the Township Engineer concerning the amount of the required security, appeal may be had by the applicant to the Township Council. Notice of appeal must be filed with the Township Clerk within 30 days of receipt by the applicant of a written statement from the Township Engineer setting out a required performance guaranty in a specific amount. During the course of any appeal, the Council shall hear evidence regarding the costs of the reclamation activities to be undertaken during the period for which the permit is sought and shall make a determination thereon. The Council's determination shall be appealable, as any other municipal action is, through a prerogative writ action in the Superior Court of New Jersey.
E. 
If cash security is posted pursuant to Subsection A above, such cash security shall be treated as if it were subject to the provisions of N.J.S.A. 40:55D-53.1, except that the Township will not retain any of the interest accruing on the deposit but rather shall include the administrative expenses, if any, incurred in receiving and depositing the funds as part of the application fee provided in § 278-9.

§ 278-9 Investigating and processing fee; renewal escrow account.

[Added 3-11-1986 by Ord. No. 1269; amended 5-13-1986 by Ord. No. 1274; 4-16-1987 by Ord. No. 1331]
A fee of $3,500 shall accompany each initial application to cover the cost incurred in investigating and processing the application. Upon the filing of each application for renewal, the applicant shall post the sum of $3,500, which shall be placed in an escrow account by the Township. Within 45 days after the decision by the Council, the Director of Land Use and Chief Financial Officer of the Township shall cause to be delivered to the applicant a statement itemizing the costs incurred by the Township in investigating and processing the application. In the event that the costs so specified shall exceed the sum so deposited, the applicant shall, within 30 days, remit the deficiency to the Township. It shall be a condition of any renewal under this section within said 30 days. Said condition shall further provide that failure to so pay shall void the license.

§ 278-10 Violations and penalties.

Any violation of the provisions of this chapter shall be punishable as provided in Chapter 1, Article II, General Penalty.

§ 278-11 Hydraulic fracturing prohibited.

[Added 3-25-2014 by Ord. No. 4054-14]
The drilling for and the extraction of natural gas and the exploration, beyond the reconnaissance phase ("Reconnaissance" is defined as per N.J.S.A. 13:1M-18.), for natural gas by hydraulic fracturing is prohibited within Franklin Township.