[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.
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.
BARROW PIT
EXEMPT SOIL EXTRACTION OPERATION
EXTRACTION
INDUSTRIAL EXCAVATION
MINERAL
OPERATOR
PERSON
QUARRY
QUARRYING
RECLAMATION
RECLAMATION PLAN
SAND- OR GRAVEL PIT
SOIL
SUBSURFACE MINE OR MINING
SURFACE MINE OR MINING
TOPSOIL
As used in this article, the following terms shall have
the meanings indicated:
A place where soils and other natural materials, as hereinafter defined,
are excavated and removed from said premises.
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]
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.
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.
Any metalliferous or nonmetalliferous substance that can be extracted
from the earth for profit.
Any person engaged in and controlling the business of conducting
any of the above-mentioned operations.
Any person, firm, partnership, association, corporation, joint-stock
company or any organization of any kind.
A place where stone, common shale, slate, gravel or other natural
material is excavated, crushed, washed, graded or otherwise processed.
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.
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.
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.
A place where gravel, sand and related natural materials are excavated
and removed from the premises.
Any earth, topsoil, clay, mineral or loam, gravel, stone, sand, dirt
or rock, without regard to the presence or absence of organic matter.
Excavation for an extraction and removal of minerals and other resources
in the ground from a cavity not defined as a surface mine herein.
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.
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.
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.
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]
(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.
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:
(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.
(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:
(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.
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.
