[HISTORY: Adopted by the Township Committee of the Township
of Franklin 5-7-2012 by Ord. No. 2012-4.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 83.
[1]
Editor's Note: This ordinance also repealed former Ch.
48, Brush, Grass and Weeds, comprised of Art. I, Flat and/or Open
Residential or Commercial Lots, adopted 6-10-1996 by Ord. No. 96-8;
amended in its entirety 12-8-1997 by Ord. No. 97-15; and Art. II,
Regulation of Growth, adopted 11-3-2008 by Ord. No. 2008-8.
Where it shall be necessary and expedient for the preservation
of the public safety, as determined by the Zoning Officer, any owner
or tenant of lands lying within the Township shall be required to
cut all brush, hedges or other plant life to a height of not more
than 2 1/2 feet where such brush, hedges or other plant life
is located within 10 feet of any roadway or within 25 feet of the
intersection of two roadways, within 10 days after notice to cut the
same. The term "roadway" as used herein refers to right-of-way width.
Where it shall be necessary and expedient for the public health,
safety, general welfare or to eliminate a fire hazard, as determined
by the Zoning Officer, any owner or tenant of lands lying within the
Township shall remove, destroy, mow or otherwise treat and maintain
all vegetative growth, including, but not limited to, brush, weeds,
including ragweed, poison ivy, dead and dying trees, stumps, roots,
downed branches, noxious growths, and overgrown grass within 10 days
after notice to remove or destroy the same.
In the event that the owner or tenant shall refuse or neglect to cut the brush, hedges or plant life under § 48-1 or to remove or destroy the brush, weeds and other materials under § 48-2 within 10 days after notice, the Township may do the work or cause the work to be done under the direction of the Zoning Officer of the Township.
The Zoning Officer shall certify to the Township Council the cost of the work which has been performed under § 48-3 herein, and the Township Council shall examine the certificate and, if it finds the amount to be correct, the Council shall cause the costs as shown thereon to be charged against said lands, the amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, and the same shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
A.
This chapter shall not apply to any property that is devoted to agriculture and subject to the right to farm provisions of Chapter 73 of the Code of the Township of Franklin, provided that the standard of good agricultural practices set forth in that chapter are maintained.
B.
Provided that the minimum standards with respect to the public health, safety and welfare established in § 48-2 are maintained, this chapter shall not apply to any property that is owned or maintained by a property owners' association established as part of a subdivision or site plan granted pursuant to the Land Use and Development Provisions of Chapter 90 of the Code of the Township of Franklin, which said property shall be maintained in accordance with the standards established by the association in its rules, regulations and by-laws.
