[Adopted 8-14-1990 by Ord. No. 1592 (Ch. 206, Art. III, of the 1990 Code)]
This article shall apply throughout the entire area of Franklin Township, so as to preserve trees and woodlands from unjustifiable destruction; to preserve soil from erosion and sedimentation; and to protect the use and transfer of topsoil, all for the general well-being of the residents of Franklin Township and neighboring downstream areas.
A. 
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
A person, partnership, association, organization, company, firm corporation, industry, public agency, legal entity, or other party requesting authorization to remove trees or to engage in land-disturbing activity.
APPOINTED OFFICER
The person designated by the Township Council to act upon applications for permits under this article to enforce this article.
EROSION
Detachment and movement of soil, rock, or other mineral or organic matter by water, wind, ice or gravity.
FARM
A tract of land being used for the production of agricultural or horticultural produce, as food, fiber, nursery stock, livestock, poultry, or dairy products, or that has been so used and has not since been put to other use including use as woodland as defined herewith.
FARMER
A person who operates a farm.
LAND/SOIL DISTURBANCE
Any activity by people, including but not limited to clearing of vegetative cover, removal of topsoil, grading, trenching, cutting or filling to change the land surface, that would or could result in loss of topsoil, erosion, and sedimentation.
MANAGEMENT PLAN
A plan for the management of timbered land, developed by the New Jersey Department of Environmental Protection, Bureau of Forestry, or similar state or federal agency or Township Forester if the Township names one.
MULCHING
The application of plant residue or other material to the land surface suitable to conserve moisture, hold soil in place, and aid in establishing plant cover.
PERMIT
A license to remove or destroy trees or to engage in a land-disturbing activity, issued by the officer designated to enforce this article.
SEDIMENT
Soil, rock or other mineral or organic material moved from a place of origin by water, wind, ice, or gravity and deposited elsewhere.
SOIL
The fine earth material, and any included coarser fragments of rock and incorporated organic matter, comprising the surface layers of the earth, in which plants grow and over which people and animals normally move about.
SOIL CONSERVATION DISTRICT
The governmental body organized pursuant to N.J.S.A. 4:24-7 et seq.[1] and designated in the New Jersey Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975, for certification of plans for control of erosion and sedimentation.
TOPSOIL
The uppermost layer of natural soil, usually six to 10 inches thick and generally more friable than the underlying subsoil and partly or wholly darker in color because of incorporated organic matter. On floodplains where these distinctions might not exist, the upper 10 inches of soil. (This definition is written for Franklin Township. It would not apply to all soils.)
TOWNSHIP ENGINEER
The person appointed to that position or one acting for him under his authority.
TREE; TREES
Any and all single- and multi-trunked plants having diameters of four inches or more at heights of three feet above the base of the trunk or of one or more multi-trunks, except flowering dogwood (Cornus florida) which is to be considered a tree if the diameter is two inches or more at three feet above the base of the trunk.
[1]
Editor's Note: Repealed by L. 1977, c. 264.
B. 
The term "shall" in this article always is mandatory and not discretionary; the word "may" is permissive.
Except as otherwise provided herein, no land in Franklin Township in excess of 5,000 square feet shall be cleared and left barren of vegetative protection, whether that protection consists of trees as defined herein, saplings, shrubs or grasses; and no such area shall otherwise be disturbed in the soil by bulldozing, earth moving, filling, leveling or other grading, laying of pipe or cable, or otherwise by any person, association, corporation, or public agency without a land disturbance permit first having been obtained as provided in this article.
A. 
Exempted from the provisions of § 206-42 of this article shall be the following:
(1) 
Gardening for home consumption.
(2) 
Agricultural use of land under a farm program approved by the Somerset Union Soil Conservation District or otherwise likely not to result in excessive erosion and sedimentation.
(3) 
Construction of a single-family dwelling with accessory structures approved under Chapter 112, Land Development, not causing land disturbance of more than 5,000 square feet, provided the same is not part of a subdivision in the process of being developed or in which building lots are being sold by a developer, except that such a dwelling would not be exempt if located on a slope of 10% or more or within 50 feet of a stream, flood hazard area, or standing body of water or swamp.
B. 
Any of these exemptions, however, may be voided wherever and whenever the appointed officer deems that the activity does or likely would cause soil erosion and sedimentation contrary to the purpose of this article, in which case the appointed officer shall require the submission of plans to correct for said erosion and sedimentation.
An application for approval of a site plan, subdivision or for a building permit, that adequately shows the land disturbance that would result and plans for prevention or erosion and sedimentation and for disposal of topsoil, shall be considered to constitute also an application for a land disturbance permit, and no additional application for such a permit shall be required. Applications for subdivision, site plan approval or a building permit that under state law would fall within the purview of the Somerset-Union Soil Conservation District shall be referred to that agency for certification of satisfactory plans for control of soil erosion and sedimentation and for inspection to see that those plans are carried out. The land disturbance permit and the building permit shall not be issued until certification of the erosion and sedimentation plans has been received from the Soil Conservation District. Those applications that fall within the purview of the Soil Conservation District shall be reviewed also by the Township for assurance that control of erosion is included and for all other measures that could relate to the health, safety, and general welfare of the residents of the Township, including preservation of trees and the use and disposition of topsoil.
An application for a land disturbance permit shall be required where site plan and/or subdivision approval or a building permit is not involved. All applications for land disturbance permits not involving site plan and/or subdivision approval or a building permit shall be ruled upon by the appointed officer in accordance with the provisions of this article. Such permits shall be required for, but not limited to, the following: applications for land clearing, grading, or filling, cutting out new streets or roads or widening established thoroughfares that are under the jurisdiction of the municipality, establishing surface drainage systems, and laying sewer line, water lines, or underground utility lines through open space, fields, and woods where there is no pavement or managed lawn to be readily restored.
All applications for land disturbance permits, other than those submitted in connection with subdivision or site plan approval, shall include the following:
A. 
The name of the applicant, the locations of the property on which the land would be disturbed, including the sheet, block, and lot numbers on the Tax Map, and the purpose for the disturbance.
B. 
The location and description of existing natural and man-made features of the site and of adjacent areas. Natural features to be described shall include trees and other vegetation, topography, soils, geology, and drainage. Representation of topography shall include a contour drawing with intervals of one foot or 10 decimeters where slopes are 3% or less; two feet or 20 decimeters where slopes are more than 3% but less than 15%; and five feet or two meters where slopes exceed 15%. Soil information shall include a print or transcript from the Soil Survey of Somerset County, obtainable from the Somerset-Union Soil Conservation District. Besides marshes, ponds, streams, and flood areas, as well as related soil information, drainage data shall include where, if anywhere, surface water comes onto the property from adjacent lands and where, if anywhere, it flows from the property to which the application applies onto adjacent property. Drainage data shall include also man-made surface drains, such as ditches and culverts with information on their dimensions or capacities, and it shall likewise show systems of man-made underground drainage.
C. 
Location and description of proposed changes in the site, including changes, if any, in the form and percent of slope and in drainage.
D. 
Plans for control of soil erosion and sedimentation.
E. 
A schedule of the sequence of installation or application of planned measures for control of soil erosion and sedimentation, as related to the progress of the project, including the starting and completion dates.
F. 
Separate erosion and sedimentation control plans for each proposed final section of the tentative plans.
G. 
All proposed revisions of required data submitted to the appointed officer for approval with copies provided for the Township Engineer and the Environmental Commission.
H. 
The use to be made of the topsoil.
In determining whether to approve or disapprove an application for a land disturbance permit, the appointed officer shall consider the following factors:
A. 
Retention of natural vegetation wherever practicable.
B. 
Disturbance over areas no larger than are reasonably necessary.
C. 
Exposure of land to erosion for as little time as appears reasonable.
D. 
Treatment and use to be made of topsoil.
E. 
Seeding, sodding, mulching, or use of other stabilizing measures to protect exposed areas during construction and at other time of land disturbance. Seeding and other vegetative measures shall be evaluated according to specified varieties of seed, fertilization, and other treatments.
F. 
Use of temporary measures when permanent measures will not be completed in a short period of time, as within 30 days.
G. 
Diversion, vegetative buffers, mulching, sodding, or other measures to check or to divert runoff and to gather sediment from runoff by interrupting slopes, by blanketing waterways, or by checking in some other way the flow of water and the movement of soil.
H. 
Retention of rainfall on site, to the extent practicable, for recharge of groundwater and lessening the risk of flooding.
I. 
Control of increased runoff resulting from modified soil and surface conditions from the construction, according to Chapter 112, Land Development.
J. 
Retention of sediment on site to the maximum extent feasible.
K. 
Installation of diversions, sediment basins, and other control measures prior to any on-site disturbances except the disturbance that is necessary for the construction of said measures.
L. 
Control of erosion and sedimentation over all aspects of a project and during all stages from beginning through completion.
M. 
Assurance of lasting stabilization of the soil after construction.
A. 
Applications for tree removal and land disturbance permits involving the issuance of subdivision, site plan and/or a building permit shall be processed during and by the regular procedures for review of said subdivision, site plan and/or building permit applications. When all requirements under this article have been met, permits for the activity shall be issued. If a building permit is denied, the tree removal and land disturbance permits pertaining thereto shall be denied. No building permit shall be issued without the issuance of any permits required under this article.
B. 
Applications for tree removal and land disturbance permits not involving the issuance of subdivision, site plan approval and/or building permits shall be reviewed by the Environmental Commission. Recommendations from the Environmental Commission which shall not be binding shall be forwarded to the appointed officer within 15 days of the receipt of the application by the Commission. In the absence of said recommendations the appointed officer shall grant or deny said application in accordance with this article.
C. 
All approved tree removal and land disturbance permits not issued in conjunction with subdivision, site plan approval and/or building permit shall expire at the end of six months from the date of issuance unless extended on application for an additional six-month period.
D. 
An environmental impact assessment pursuant to Chapter 112, Land Development, may be required on any application for tree removal or land disturbance, with or without a building permit.
The appointed officer may require performance bonds according to size and nature of projects to be administered by the Township according to this article for preservation of trees, control of erosion and sedimentation, and disposal of topsoil.
A. 
The Township shall provide for inspection of projects involving preservation of trees and control of soil erosion, sedimentation, and disposal of topsoil. To this end, the Township may enter into working agreements with the Soil Conservation District for sharing in the inspections of projects certified by the District. All other projects for which conservation permits are required according to this article shall be made subject to inspections by the Township at any time. The inspector shall certify that installation and practices are or are not in compliance with performance principles and standards prescribed by this article and with any specific requirements that have been stated as conditions of approval of the application. With projects for which performance guarantees have been posted, the applicant shall be required to have a certified plan and permit on site during construction or other operations and to show the same to any agency or agent of the Township or the Soil Conservation District whenever requested to do so.
B. 
The appointed officer may issue a stop-operations order if a project is not being executed in accordance with the certified plan, whether that plan is one certified and administered by the Soil Conservation District or one administered wholly by the Township. This provision is in accordance with Section 9 in the State Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975 (N.J.S.A. 4:24-47).
C. 
As stated in Section 11 of the State Soil Erosion and Sediment Act (N.J.S.A. 4:24-49), no certificate of occupancy for a building shall be issued by the Township unless there has been compliance with the provisions of a certified plan for permanent measures to control soil erosion and sedimentation in accordance with this article. A formal report of such compliance must be filed with the municipal agent authorized to issue certificates of occupancy, and a copy of the report shall be sent to the Soil Conservation District.
D. 
The Township may, within 30 days after date of a report of such compliance, release in whole or in part any performance bond it is holding, depending upon the Township's assessment of need to withhold all or a portion of the bond to assure full compliance with requirements and adequate maintenance of the facilities.
A. 
With a building permit, subdivision or site plan approval:
(1) 
For all applications to be certified by the Soil Conservation District:
(a) 
The fee required by the District shall be paid, which fee shall be paid directly to the District unless, by a special working agreement between the District and the Township, the Township would receive said fee on behalf of the District.
(b) 
Also an additional Township fee may be required for Township participation with the District in enforcing this article, the amount of said fee to be determined.
(2) 
With a building permit but not for certification by the Soil Conservation District: $10.
B. 
Without a building permit, subdivision or site plan approval: $50 for one acre; $10 for every acre over one and up to and including 20 acres; $5 for every acre and fraction thereof over 20 acres.
Whenever any application for a permit shall be denied by the appointed officer, the applicant may appeal the denial to the Franklin Township Council by filing a written notice of appeal with the Township Clerk within 10 days after receiving written notice of the denial of such application. The Township Council shall thereafter hold a public hearing on the matter in accordance with rules or procedures to be established by the Township Council and may modify, affirm or reverse the decision of the appointed officer.
[Amended 4-23-2002 by Ord. No. 3289]
Any person, firm or corporation who or which shall violate any provision of this article shall pay the required fees in connection with the permit as outlined herein, plus a cost of $5 for each and every cubic yard of material that has been distributed on the site, as determined by the Township Engineer. Such person, firm or corporation shall also be liable to the penalties as provided in Chapter 1, Article II, General Penalty. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense.
Each application for tree removal or land disturbance permit shall be deemed to be authorization by the applicant for the appointed officer, the Township Engineer, the Environmental Commission, the Department of Land Use, the Soil Conservation District, and the Bureau of Forestry of the state, or a representative of any one of them, to enter upon the land referred to in the application for inspections contemplated by this article, for both consideration of approval and review of operations if approval is granted. If the applicant is not the owner of the land, said applicant shall furnish with the application a sworn authorization from the owner for such entry.