[Adopted 12-29-1986 as Ord. No. 86-8]
No person or persons, firms or corporations hereinafter desiring to operate any soils extraction process, including sand, gravel or stone pit quarry or any other industrial excavation within the Township of Franklin, shall, before commencing such operation or excavation or continuing any operation or excavation existing at the time of the adoption of this article, during any calendar year, apply to the Township Committee for a permit to conduct such operation or excavation.
A. 
Applications for a permit shall be furnished upon request by the Township Clerk. A complete application shall be submitted in quadruplicate, together with a plot plan, in quadruplicate, both of which shall be in accordance with the provisions of § 116-22, together with the proper fees to the Township Clerk as provided in § 116-18. The Township Clerk shall forward a copy of a filed application, along with the required attachments, to the Township Engineer and the Township Zoning Officer and retain the original and one copy for the Township records. The Township Zoning Officer shall, within a period of 10 days of the receipt of a copy of a filed application, determine and report to the Township Committee whether the application is in compliance or not with the Zoning Ordinance of the Township of Franklin.[1] The Township Engineer shall, within a period of 14 days of receipt of a copy of a filed application, determine that said application is complete or incomplete and notify the applicant, by letter, as well as the Township Committee, of his determination and, if incomplete, briefly state the deficiencies.
[1]
Editor's Note: See Ch. 90, Land Use and Development.
B. 
Upon a determination being made that the application is complete and prior to the issuance of a permit, a public hearing shall be held upon the application by the Mayor and the Township Committee. The Township Committee shall set a date for the public hearing, which date shall be at least 20 days after notice to the applicant. The applicant shall be noticed, in writing, by certified mail, return receipt requested, at least 15 days by the Township Clerk. Upon receipt of the notice of public hearing, the applicant shall, at least 10 days prior to the date set, notice all adjoining owners within 200 feet thereof, by certified mail, return receipt requested, as well as publish a public notice in the official newspaper of the Township, which said notices shall set forth the time and place of the public hearing, at which time all interested persons shall be given an opportunity to appear and be heard in regard to said application. Said notices shall further provide that the application, all attachments thereto and the plot plans shall further be on file with the Township Clerk and may be reviewed by any interested persons during normal business hours at the Clerk's office. At least five days prior to the hearing date, the applicant shall file with the Township Clerk affidavits of proof of service on adjoining owners and proof of publication.
C. 
The Township Committee, upon conducting the public hearing, shall grant or deny said application within a forty-five-day period of the hearing date by due notice, in writing, to the applicant, along with a proposed written resolution pertaining thereto. It is further provided that the Mayor and Township Committee, prior to any determination but within said time period, shall have the authority to submit said application, attachments and plot plan to the Franklin Township Planning Board for its review and comment. If the Planning Board does not comment within the required forty-five-day time period, the Mayor and Township Committee shall make its determination thereon.
A. 
As used in this article, the following terms shall have the meanings indicated:
BARROW PIT
A place where soils and other natural materials, as hereinafter defined, are excavated and removed from said premises.
EXEMPT SOIL EXTRACTION OPERATION
Any "exempt soil extraction operation" is exempt if it is a small limited agricultural/personal soil extraction process and the same is a preexisting nonconforming use to the initial zoning ordinance of the Township of Franklin,[1] provided that the same does not exceed a surface area of one acre and is subject to the regulations hereinafter set forth in the new provisions of Article III, § 116-34 et seq.
[Added 4-13-1992 by Ord. No. 92-4]
EXTRACTION
The process to remove by scraping, digging of soils, minerals, stones, sand and gravel, together with the blasting and crushing thereof, for the removal of said materials from the premises.
INDUSTRIAL EXCAVATION
An operation involving the removal of soils, stones, sand, gravel, shale, slate or other natural material, but does not involve any form of development covered by the Franklin Township Zoning, Subdivision or Site Plan Development Ordinances[2] and is a business for monetary gain.
MINERAL
Any metalliferous or nonmetalliferous substance that can be extracted from the earth for profit.
OPERATOR
Any person engaged in and controlling the business of conducting any of the above-mentioned operations.
PERSON
Any person, firm, partnership, association, corporation, joint-stock company or any organization of any kind.
QUARRY
A place where stone, common shale, slate, gravel or other natural material is excavated, crushed, washed, graded or otherwise processed.
QUARRYING
Those aspects of the business of conducting a quarry as related directly to the excavation and processing of stone, shale, slate, gravel or other natural material and in the removal thereof from the quarry premises.
RECLAMATION
The reconditioning of the area of land affected by any quarrying, soil extraction or any industrial excavation to restore the same to a productive use after termination of said operations consistent with the Master Plan adopted by the Planning Board of the Township of Franklin.
RECLAMATION PLAN
A written proposal approved by the Mayor and Township Committee of the Township of Franklin for reclamation of the area of land affected by any soil extraction, quarrying or other industrial excavation, setting forth land use objectives, specifications for grading and regrading and the manner and type of revegetation, together with such maps and other supporting documents as may be required by the governing body as hereinafter provided.
SAND- OR GRAVEL PIT
A place where gravel, sand and related natural materials are excavated and removed from the premises.
SOIL
Any earth, topsoil, clay, mineral or loam, gravel, stone, sand, dirt or rock, without regard to the presence or absence of organic matter.
SUBSURFACE MINE OR MINING
Excavation for an extraction and removal of minerals and other resources in the ground from a cavity not defined as a surface mine herein.
SURFACE MINE OR MINING
Any excavation, pit, bank or open cut where all mining activities are exposed to the open sky, working for the extraction of soil, stone, rock, gravel, sand, soil or any other mineral, and shall embrace any and all parts of the property of such open pit mine that contribute, directly or indirectly, to the extraction of such mineral.
TOPSOIL
Soil that, in its natural state, constitutes the top layer of earth and is composed of 2% or more, by weight, of organic matter and has the ability to support vegetation.
[1]
Editor's Note: See Ch. 90, Land Use and Development.
[2]
Editor's Note: See Ch. 90, Land Use and Development.
B. 
Undefined words. Terms and words not defined herein shall be defined as set forth in the Franklin Township development ordinances, to include the Franklin Township Subdivision Ordinance, Franklin Township Zoning Ordinance, Franklin Township Site Plan Ordinance[3] or any other hereinafter ordained development ordinances as the same now read or may be amended.
[3]
Editor's Note: See Ch. 90, Land Use and Development.
C. 
Terms or words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary.
A. 
Initial and amended application fees. The initial application or any subsequent amended application for a permit under the terms of this article shall be accompanied by a fee therefor in the sum of $750.
B. 
Annual fees. Thereafter, an annual renewal fee shall be due and payable in the sum of $500, provided that there are no changes in the permitted operation which would constitute a new or amended application under Subsection A hereof.
C. 
Review deposit.
(1) 
In addition to the above set forth application fees, there shall further be required a review deposit, to be paid to the Treasurer of the Township of Franklin at the time of the filing of any initial application or amended application. Said review fee deposit shall be in accordance with the hereinafter set forth schedule:
Size of Site
(acres)
Deposit
1 to 3
$500
3 to 10
750
In excess of 10
1,000
(2) 
Said review deposit shall be used to cover the cost of review services provided by the Township Engineer, planning consultant, Township and Planning Board Attorneys and any other professionals whose services are deemed necessary in connection with reviewing any application or amended application.
(3) 
Any and all review deposit fees as herein provided shall be held by the Treasurer in an interest-bearing account pursuant to the same provisions as required by law in regard to review deposits under the Franklin Township Land Planning Ordinances.[1]
[1]
Editor's Note: See Ch. 90, Land Use and Development.
(4) 
In the event that, at the time of approval of any application, there remains unexpended funds in said review account, the balance shall be returned to the applicant, with or without interest, in accordance with law and the Land Development Ordinance of the Township of Franklin.[2] In the event that additional costs are incurred relative to review of an application in excess of the initial review deposit, then the applicant, prior to obtaining a permit, shall pay to the Township Treasurer the balance of the fees due therefor.
[2]
Editor's Note: See Ch. 90, Land Use and Development.
A. 
General. Operation of a use under the terms of the within article shall be permitted only on lands for which the Franklin Township Zoning Ordinance provides for the same as a permitted use or upon the obtaining of a variance or exception granted by application therefor from the Franklin Township Board of Adjustment or Planning Board or as preexisting nonconforming uses. In any event, where said operation is allowed upon the obtaining of any variance or exception from the Zoning Ordinance or by virtue of being a preexisting nonconforming use, the same shall still be subject to the provisions of the within article.
B. 
Hours. The operation of any soil extraction, quarry, pit or sand, gravel or stone pits or quarries or other industrial excavations shall only be between the hours of 6:30 a.m. and 6:00 p.m., Monday through Saturday.
C. 
Sundays and legal holidays. There shall be no active operation in the removal, extraction or processing of soils, sand, slate, gravel or stone in any pits, quarries or other industrial excavations on Sundays and legal holidays, to include January 1, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day, with the exception of doing any necessary maintenance of equipment, which, in the course of maintenance, shall be operated only for short periods of time, not to exceed one hour's duration.
The extraction of topsoil, within the terminology of the within article, shall further provide that no topsoil extracted within the Township of Franklin shall be transported across and deposited anyplace outside the municipal boundaries of the Township of Franklin as established and shown on the Franklin Township Tax Map.
It is herein provided that there shall be no permit issued for a subsurface mining operation in that the Franklin Township Zoning Ordinance prohibits said use in any zone.
A. 
Applications provided by the Township shall be completed in quadruplicate to provide for the following:
(1) 
The name and address of the applicant and the owner, if other than the applicant.
(2) 
The name, address and telephone number of the person in charge of the operation under the proposed permit.
(3) 
A description and location of the land involved, including Tax Map, lot and block numbers as identified by reference to the Franklin Township Tax Map.
(4) 
A detailed description of the methods, conveyances and machinery to be employed in the intended operation.
(5) 
The estimated total and maximum daily quantities of materials to be extracted or processed in cubic yards.
(6) 
The number of intended phases of the operation, the proposed date of commencement and the estimated duration of the completion of each phase.
(7) 
The application shall have attached the hereinafter set forth reports, certifications or licenses:
(a) 
Certificate of approval, with original signatures, from the Warren County Soil Conservation District of the soil erosion and sediment control plan, which plan shall be prepared in conformance with standards for soil erosion and sediment control in New Jersey.
(b) 
A description of the environmental setting of the proposed operation, including adjacent land use, topography, drainage, geology and existing site conditions. If the Township of Franklin has an ordinance providing for an environmental impact statement, compliance with said ordinance shall be required in lieu of this provision.
(c) 
A descriptive outline of the proposed operation, including the method of mining or soil extraction and the nature of any processing, as well as the intended quantity, in cubic yards, of sand and/or gravel or other material to be extracted and/or processed.
(d) 
A description of all final slope treatments, with reference to the same as indicated on the maps and plot plans, with all final slopes complying with the standards as provided under Subsection A as herein regulated.
(e) 
A report by way of description of the proposed final reclaimed land use. It is recognized that surface mining is a long-term transitional land use and that any reclaimed land use plan must be conceptual and subject to change based on future surface mine configurations and future land use requirements. However, the proposed reclamation plan shall be compatible with current land use conditions, and the intended reclamation shall be compatible with the proposed final land use.
(f) 
A report by way of description of the proposed reclamation activities, including final disposition of waste materials, drainage conditions, final grading, application of soil cover and seeding for those areas to be revegetated and final treatment of access roads or haulage ways within the permit area.
(g) 
A report as to anticipated noise levels and dust conditions and an analysis as to compliance with standards hereinafter described.
B. 
The following other permits and attachments shall be included:
(1) 
Geologic survey: a copy of that portion of that United States Geological Survey topographic map outlining the property and the contiguous property within 500 feet of the proposed site.
(2) 
A copy of any state and federal planning permits that are required, New Jersey pollutant discharge elimination permits, Warren County stormwater permits for stormwater discharge and any other federal or state permits, together with copies of applications, approvals obtained with conditions attached and standards of operation required thereby.
(3) 
A certified copy of the applicant's deed designating the boundaries with reference to the plat submitted herewith and designating any easements or restrictions in the chain of title.
C. 
Plot plans. A plot plan shall be prepared by a licensed professional engineer of the State of New Jersey, which said plot plan shall contain as minimum requirements the following information:
(1) 
Plots and plans submitted in compliance with this article shall be set forth on sheets 24 by 36 inches.
(2) 
Said plot plan shall contain a title block, which shall include the following information:
(a) 
Name of the operation.
(b) 
Name, address, telephone number and license number of the engineer preparing the drawings.
(c) 
Date of drawing.
(d) 
Drawing reference number.
(e) 
A graphic scale.
(f) 
North arrow and reference meridian.
(g) 
Revision block inserted to the left of the title block.
(3) 
The plot plan shall be drawn at a scale in accordance with the following table:
Area of Site
(acres)
Scale
(not to be less than)
Less than 40
1 inch equals 50 feet
Over 40
1 inch equals 100 feet
(4) 
The Municipal Tax Map lot and block numbers and tax sheet numbers of the lot or lots.
(5) 
A key location map showing the site and its relationship to surrounding areas, and zone boundaries within a minimum of 1/4 mile.
(6) 
The total acreage and square feet of the tax lot upon which the operation is proposed and the total acreage and square feet of the area to be excavated.
(7) 
All existing, proposed and minimum required setback dimensions as required by the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 90, Land Use and Development.
(8) 
Landscaped areas, fencing and trees over four inches in diameter, except that, where trees are in mass, only the limits thereof if to be retained as shown.
(9) 
All existing and proposed signs, utility poles and easements and their size, type of construction and location.
(10) 
Any existing or proposed principal building and accessory structures or buildings.
(11) 
The location of all existing drainage ditches, conduits and piping within the premises as well as along the roadways abutting said premises and within 1,000 feet thereof.
(12) 
Existing topography depicted by contours at two-foot intervals based on the New Jersey Geodetic Control Survey datum for the site and areas within 50 feet of the site.
(13) 
An accurate boundary survey prepared and certified by a New Jersey licensed land surveyor. Said survey shall be based on a field traverse with an error of closure not less than one part in 10,000 and duly certified by said surveyor.
(14) 
The approximate location and size of all existing and proposed storm drainage facilities, plus all design data supporting the adequacy of the existing or proposed facility to handle future storm flows and an analysis of the capacity of the facility into which the stormwater will flow, together with drainage calculations therefor.
(15) 
The location of all existing and proposed rights-of-way, driveways, fences, retaining walls, parking spaces and all loading areas, together with the proper dimensions of the same.
(16) 
The plans shall further show the profiles of the street adjoining the property for a distance of 500 feet in either direction, including the location of driveways and intersecting streets and an indication of the maximum available sight distance. An application may require a traffic report, if so determined by the Township Engineer.
(17) 
The general nature and extent of site lighting and intended hours of usage.
(18) 
The method of sewage disposal and water supply and preliminary design thereof.
(19) 
A landscape and planting plan which, as a minimum, shall spot the location of all existing planting to be retained and all plantings to be established and shall contain a schedule, keyed to the plantings shown, calling out the type (common name and botanical name), size (height, spread and truck diameter) at the time of planting and at maturity and the quantity of all plantings show on the plan.
(20) 
The location of any other natural or man-made features within the perimeter boundaries of the premises within 200 feet of the property boundaries which may affect the use of said property.
The following construction standards shall be adhered to in any operation, pursuant to any permit issued under the within article:
A. 
Final slope treatments shall comply with the following standards:
(1) 
Rock faces shall be no steeper than 75° and shall be free of loose rock and rubble in general compliance with Mine Safety and Health Administration requirements.
(2) 
Unconsolidated material slopes shall not exceed the natural angle of repose.
(3) 
Coarse sand, gravel, rubble, fine sand, silt and clay shall not exceed one foot vertical on two feet horizontal (26°).
(4) 
Tops of slopes shall not be less than 50 feet from any property line and 75 feet from any roadway.
B. 
Restoration staging.
(1) 
All operations under the within article that are granted a permit pursuant to the terms hereunder in excess of 15 acres shall provide for a restoration plan in stages. Said plan shall provide for placement of topsoil, grass, vegetation, reseeding cover and final slopes in compliance with requirements for final slopes for all areas.
(2) 
Restoration staging may provide for temporary and permanent restoration; however, in either case, final grading and vegetative cover requirements shall be adhered to.
C. 
Vegetative requirements.
(1) 
No topsoil shall be removed from the site until final restoration is accomplished or until it is demonstrated by an engineering analysis that adequate topsoil exists to meet the requirements herein.
(2) 
Topsoil shall be replaced on the site to a depth of not less than six inches.
(3) 
All areas not disturbed shall be maintained either with grass cover or as an active agricultural operation.
(4) 
All area which has been restored either on an interim or final basis shall be reseeded in accordance with Soil Conservation Service standards or shall be in an active agricultural usage.
D. 
Establishment of buffers and planting thereof.
(1) 
Along roadways, a buffer shall be established with a minimum width of 75 feet, with an evergreen screening spaced at 10 feet center-to-center, with plants a minimum of six feet high at the time of planting.
(2) 
Along property lines, a buffer shall be established with a minimum of 50 feet with maintenance of natural screening or, if none are in existence, by evergreen screening placed 10 feet center-to-center, with plants a minimum of six feet high at time of planting.
E. 
Reclamation information. In addition to the above set forth basic data, the following restoration and operational data shall be included upon the plot, showing the final grading as proposed under reclamation:
(1) 
Contours at two-foot intervals, depicting the following:
(a) 
Final grading of the operation, to include pit or quarry.
(b) 
Grading of any interim slopes which are anticipated prior to final site grading.
(2) 
Operations anticipated to be completed within the period of the permit.
(3) 
Location and water surface elevation of any groundwater encountered in operations.
(4) 
Location of topsoil and quantity to be stockpiled.
(5) 
The installed soil erosion control measures.
(6) 
Restoration details as to soil stabilization and buffering, including specifications as to reestablishing ground cover in both final and interim stages.
(7) 
Analysis of the natural angle of repose as determined by a qualified soils engineer.
F. 
Noise. There shall be no noise emanating from any operation or use, measured at the property lines, which exceeds the values given in Table I in any octave band of frequency after applying the corrections shown in Table II. The sound pressure level shall be measured with sound level meters and/or analyzers conforming to United States of America Standard Specification for General Purpose Sound Level Meters, S1.4-1961, or latest revision, United States of America Standard Specification for Octave, Half-Octave and Third-Octave Band Filter Sets, S1.11-1966, or latest revision, published by United States of America Institute, New York, New York.
TABLE I
Octave Band Center Frequency
(cycles per second)
Sound Pressure Level
(decibels re 0.0002 dyne/cm2)
31.5
59
63
58
125
57
250
50
500
45
1,000
40
2,000
37
4,000
33
8,000
29
TABLE II
Type or Location of Operation or Character of Noise
Correction in Decibels
Daytime operation
5
Noise source operations less than:*
20% of any 1-hour period
5
5% of any 1-hour period
10
Noise of impulsive character (hammering, etc.)
-5
Noise of periodic character (hum, screech, etc.)
-5
*Note: Apply one of these corrections only.
G. 
Vibration. In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.
H. 
General standards.
(1) 
After completion of operations, the area shall, as herein provided, be made usable for uses permitted by the Franklin Township Zoning Ordinance.
(2) 
No water area shall remain after final grading, and fill shall be installed to a minimum depth of two feet above maximum groundwater level.
(3) 
All reclamation operations shall be completed within 12 months after completion of operations within a given area.
(4) 
No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to the property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented by regulations, hereinafter designated as the "code," shall be complied with.
(5) 
The Township Engineer shall be notified at least 24 hours prior to any blasting to be done on the premises. Notification should also include a brief description of the activity involved with the blasting, together with certification of a qualified licensed blaster.
A. 
The applicant's engineer shall, based upon the plan of rehabilitation and reclamation submitted by the applicant, prepare a performance guaranty estimate for submission to the Township Engineer, relative to the costs incident to the proposed restoration or rehabilitation of the site upon conclusion of all excavation or stripping operations, to the end that reclamation of the site shall be effected for a use permitted in the zone or district pursuant to the provisions of the Franklin Township Zoning Ordinance. The Township Engineer shall review said data, as submitted, and determine the adequacy of said estimate, to include revising the same upward or downward in amount. The Franklin Township Committee shall, in determining whether to grant or deny an application for a permit, and the Township Engineer shall, in arriving at the performance guaranty estimate, in addition to the matters hereinbefore mentioned, give consideration to the adverse residual effects of unregulated businesses of this nature upon the public safety, health and general welfare and devaluation of real estate resulting from ultimate abandonment of excavations, pits and declivities below the level of surrounding lands causing surface waters to collect in inordinate quantities, providing breading places for mosquitos, problems of waste due to erosion by wind and water, unusual practical difficulties created in surface water drainage, soil fertility, the necessity for proper slopes and grades and the ultimate detrimental effect that a repetition of stripping and excavating parcel after parcel of land might have upon the taxable wealth and normal development of the Township.
B. 
It is further provided that, in calculating such estimate for the performance guaranty, allowance shall be made for the cost of any prevailing wage determined pursuant to state or federal law, if such wage would have to be paid by the Township or a party under contract with it to perform the restoration or improvements on default of the permittee or any obligor, surety or guarantor.
C. 
No permit under the within article shall be issued by the Township Clerk until such time as a performance guaranty is posted by the applicant with the Township Treasurer in an amount equal to 120% of the performance guaranty cost estimate, as found and determined between the Township Engineer and the applicant's engineer.
D. 
Form of guaranty. The performance guaranty shall be made up by a deposit of 10% of the total amount in cash or certified check, with the remaining 90% to be in the form of a surety bond by a surety company authorized to do business or by a bank letter of credit as determined by the Township Committee and Township Attorney as financially qualified.
E. 
Approval of form of bond or letter of credit. Any surety bond or letter of credit tendered as part of the performance guaranty shall be in a form acceptable and approved by the Township Attorney and shall be in effect at all times during the period in which the operation is being conducted pursuant to the permit, until such time that the reclamation work has been completed and accepted by the Township Engineer and Committee, so as to insure that rehabilitation of the surface mine site is in accordance with the terms and conditions hereof.
F. 
Existing performance guaranty as to amendment of plans. Prior to the holder of any permit granted pursuant to the terms of this article obtaining approval for an amended plan and permit by the Township Committee, the applicant shall submit to the Township Committee, in a form acceptable to the Township Attorney, the written consent of the surety under the original surety bond or letter of credit approving said application for amendments or alterations and consenting to an extension of the guaranty coverage thereto.
G. 
Release of performance guaranties.
(1) 
Any application for the release of any performance guaranties posted in accordance with the terms of this article shall be accompanied by an affidavit of the permittee, stating that the operation for which the permit has been issued has been completed in accordance with the application, plans and conditions thereof. The affidavit shall be executed by a licensed professional engineer of the State of New Jersey. The Township may release the performance guaranty, in whole or in part, but only upon receipt of a report by the Township Engineer verifying the facts set forth in the affidavit.
(2) 
If, in the opinion of the Township Engineer, the surface mining operation has been abandoned and the required reclamation and restoration of the site is not being completed within the time period set forth under the terms of the permit, the Township Engineer shall so notify the Township Committee in writing. The Mayor and Township Committee, in concurrence therewith, shall take the steps necessary to revoke said permit pursuant to the provisions of § 116-30. The obligor, surety or issuance of a letter of credit shall be liable in accordance with the performance guaranty for the reasonable costs of the completion of the reclamation or restoration. "Abandonment" shall mean the cessation of use for a period of 365 days from the last date of operation or within 90 days after the expiration of a previously granted permit that is not renewed.
H. 
Inspection and enforcement. For the purpose of administering and enforcing the provisions of this article, the Mayor or any of the Township Committeemen, the Township Zoning Officer, the Township Engineer, the Township Attorney or Township Constable shall have the right to enter upon any lands upon which surface mining operations are being conducted, pursuant to a permit, to examine and inspect such lands and the operations thereon to ascertain compliance with the terms of the within Article and permit as issued.
A. 
The within Article shall be applicable to all operations as commercial uses as herein provided, but shall allow a blanket exemption to all farm operations that are solely agricultural in nature and performed in a regular agricultural manner using standard horticultural practices using good conservation methods.
B. 
Any use or activity that is not covered or ruled exempt from the provisions of the within Article may still be subject to the terms and provisions of the Franklin Township Soil Removal Ordinance.[1]
[1]
Editor's Note: See Art. I of this chapter.
The Township Engineer shall keep a record, as well as the Township Clerk, of all permits issued under the authority of this article. The records shall specify and include all conditions attached by an approved permit. The records shall also indicate the amount of fee paid for the permit, the date on which the payment was received, the date of issuance of the permit and whether the permit was new or a renewal.
During any operation for which a permit has been issued, a valid permit shall be prominently displayed at the site where said activity or operation is being conducted.
Any permit issued under the terms of the within Article shall apply only to the person, being the original applicant, to whom and for what it was issued and may not be transferable to another person or site.
A. 
All permits issued under the within Article shall expire at 12:00 midnight local time on the 31st day of December of the year issued. To assure uninterrupted continuity of operation, applications for the renewal of permits shall be submitted to the Township Clerk no later than December 1 of the preceding year.
B. 
Any applicant for a permit under the terms of the within Article during any calendar year shall pay the full fees required as provided under this article without any proration for the term remaining in said calendar year.
A. 
Any permit issued under the terms of the within Article may be revoked by the Township Committee, after notice and hearing as hereinafter provided, for any of the following causes:
(1) 
Fraud or misrepresentation on the application for permit.
(2) 
Fraud or misrepresentation in the conduct of the permitted activity.
(3) 
Violation of any provisions or conditions attached to any permit issued or noncompliance with any of the terms of a conditional use permit or variance granted, where applicable, by the Township Planning Board or Board of Adjustment.
(4) 
Conduct by the permittee or his agents, servants, representatives or employees which is inimical or which is unlawful to the public health, safety or general welfare.
(5) 
An abandonment of a permitted operation or the required reclamation or restoration or the failure to complete the reclamation and restoration in a timely manner, as herein provided.
B. 
Notice, revocation and hearing. The Mayor and Township Committee, upon a finding that any of the reasons in Subsection A of this section exist, may revoke any permit granted under this chapter upon not less than seven days from the date of mailing of a written notice by certified mail, return receipt requested, to the permittee, addressed to the permittee's address as listed in the most current tax rolls of the Township and/or as set forth in the application for which the permit was issued. Said notice shall specifically set forth the ground or grounds upon which the proposed revocation is based and that the permit shall be revoked on a stated date, but in any event not less than seven days from the date of mailing of said notice. A permittee disputing the position of the Township and wishing to contest the proposed revocation shall be entitled to a hearing before the Franklin Township Committee upon a request in writing by certified mail. Said request shall be made before the seventh day from the mailing of the proposed notice of revocation unless extended for good reason or cause by the Franklin Township Committee.
[Amended 6-29-1987 by Ord. No. 87-7]
C. 
Revocation hearing. At any hearing for the revocation of any permit under the within Article, the permittee shall have the right to appear and be heard, to be represented by an attorney, to present witnesses in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Committee shall revoke or suspend the permit if it is satisfied by a preponderance of the evidence that valid cause exists for such revocation or suspension.
The Township Committee may authorize the reissuance of a permit to a person whose permit has been revoked, suspended or denied if, after a hearing, it is satisfied by clear and convincing evidence that the reasons leading to the revocation, suspension or denial have been properly rectified and will not reoccur. No person whose permit has been revoked, suspended or denied, nor any person acting in or on his behalf, directly or indirectly, shall be issued another permit to carry on the same licensed activity.
[Amended 9-28-1987 by Ord. No. 87-9]
For each and every violation of the provisions of this article, an owner, operator or other person or persons who fail to comply in obtaining a permit or violate any of the provisions herein during the existence of any permit and who shall fail to abate said violation within five days after written notice by certified mail, return receipt requested, shall, upon conviction, pay a fine not exceeding $ 1,000 or be imprisoned for a term not exceeding 90 days, or both. Each day that a violation exists shall be a separate violation.
Any and all Township ordinances or parts thereof in conflict with or inconsistent with any of the terms of this article are hereby repealed to such extent as they are in conflict or inconsistent. The within Article does not repeal the Franklin Township Soil Removal Ordinance enacted under the date of November 1970,[1] which ordinance shall be fully effective as to the terms thereof but shall not be applicable to the commercial operations intended to be covered under the within Article.
[1]
Editor's Note: See Art. I of this chapter.