[HISTORY: Adopted by the Township Committee
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-12-2006 by Ord. No. O-26-2006]
As used in this article, the following terms
shall have the meanings indicated:
An individual holding an enforceable proprietary interest
in land intended to be clear-cut, including the owner, contract purchaser,
lessee or optionee.
An application for clear-cutting as set forth herein.
The removal of trees or natural vegetation such that said
removal shall encompass a contiguous area of 5,000 square feet or
more and as defined in the enabling legislation of N.J.S.A. 4:24-40
et seq., which would require the applicant to apply for and receive
a soil erosion and sediment control permit from the Gloucester County
Soil Conservation District.
A clear-cutting permit issued in accordance with this article.
A.
The clear-cutting of trees and the clear-cutting of
lands in the Township of Franklin shall be prohibited except in compliance
with the terms of this article.
B.
Prior to the commencement of clear-cutting and/or
ground clearing as defined under the Soil Erosion and Sediment Control
Act (N.J.S.A. 4:24-40 et seq.), the applicant shall submit an application,
which shall be executed by the applicant and the property owner, to
the Department of Community Development of Franklin Township for a
permit. The application shall include the following information:
(1)
The application shall identify the lot and block of
the property proposed to be clear-cut; and
(2)
The application shall include a survey or tax map
identifying graphically the limits of proposed clearing and the presence
or absence of wetlands and their location on the site; and
(3)
The application shall state the reasons for the proposed
clear-cutting (for example, farming, construction of a single-family
home, etc.); and
(4)
The application shall include a copy of the application
for and permit issued by the Gloucester County Soil Conservation District.
C.
Issuance of permits.
(1)
Upon receipt of a complete application, the Director
of Community Development shall issue a clear-cutting permit and shall
keep a record of the application and permit so issued within the records
of the Department of Community Development for a period of six years.
(2)
In the event that the Director of Community Development
shall determine that the proposed clearing is in areas impacted by
freshwater wetlands or their buffers as defined in the New Jersey
Freshwater Protection Act,[1] then and in that event the Director of Community Development
may deny said permit and may require the applicant to obtain a wetlands
letter of interpretation from the New Jersey Department of Environmental
Protection as a condition to the issuance of a permit, which determination
shall be controlling.
[1]
Editor's Note: See N.J.A.C. 7:7A.
(3)
In the event that the Director of Community Development
denies the issuance of a permit, the applicant shall have the right
to appeal said determination to the Zoning Board of Adjustment of
Franklin Township following the protocols set forth in N.J.S.A. 40:55D-70(a).
D.
As a condition of the issuance of a permit for land
clearing, the applicant and owner and their successors, heirs and
assigns shall be prohibited from applying for or obtaining site plan
or subdivision approval from the Planning Board or Board of Adjustment
as the case may be for a period of five years as measured from the
issuance of said Permit.
A.
Anyone who shall clear-cut land in violation of the
terms of this article shall be susceptible to prosecution in the Municipal
Courts of Franklin Township and shall, if adjudged guilty of said
charge, pay a fine of not less than $75 nor more than $1,000 for each
5,000 square feet of land cleared in violation of this article.
B.
It shall be a complete defense to any charges brought
herein if the clear-cutting is accomplished in accordance with an
approved forest management plan or in the event that the land clearing
is pursuant to a legitimate farming operation on farmland-assessed
property in accordance with the New Jersey Right to Farm Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
