[HISTORY: Adopted by the Township Committee
of the Township of Franklin 8-10-1982 as Ord. No. O-18-82. Amendments
noted where applicable.]
A.
The Township Committee of the Township of Franklin
does herein decide and find that the Pinelands forests are an important
cultural, ecological, scenic and economic resource. Proper management
of this resource will ensure its maintenance and result in greater
economic returns on the harvested timber. The current yield of timber
in the Pinelands Area is below the region's potential because of wildfire,
excessive cutting and improper management.
B.
The Pinelands Area must be preserved, protected, enhanced
and maintained. A forestry program is intended to meet these objectives
by providing opportunities for the continuing uses of the region's
forest resources which are compatible with the maintenance of the
Pinelands Area environment. This will be accomplished by ensuring
proper management of the forests through the application of sound
management practices.
As used in this chapter, the following terms
shall have the meanings indicated:
The establishment of tree cover through direct or supplemental
seeding or planting.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving the preparation of land
before planting in the form of small mounds so as to concentrate topsoil
and elevate the root zone of seedlings above temporary standing water.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving the dragging of cut trees
or other objects across a parcel to remove or reduce aboveground shrub
cover, debris, leaf litter and humus without disturbance to mineral
soil horizons and associated roots.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving removal of an entire forest
stand in one cutting for purposes of regeneration either obtained
artificially, by natural seed or from advanced regeneration. Clear-cutting
typically results in the removal of all woody vegetation from a parcel
in preparation for the establishment of new trees; however, some trees
may be left on the parcel.
[Added 6-26-2012 by Ord. No. O-6-12]
The plan adopted by the Pinelands Commission pursuant to
Section 7 of the Pinelands Protection Act, as amended.
[1]A silvicultural practice involving the production of forest
stands from vegetative sprouting by the trees that are harvested (stump
sprouts, root suckers, and naturally rooted layers). Coppicing typically
involves short rotations with dense stands of short trees.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving the drawing of one or
more heavy, round, concave, sharpened, freely rotating steel disks
across a site for the purposes of cutting through soil and roots or
cutting and turning a furrow over an area.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving the drawing of a large
cylindrical drum with cutting blades mounted parallel to its axis
across a site to break up slash, crush scrubby vegetation prior to
burning or planting or to chop up and disturb the organic turf and
roots in the upper foot of soil.
[Added 6-26-2012 by Ord. No. O-6-12]
The changing of the characteristics and interactions of fish
and wildlife populations and their habitats in order to promote, protect
and enhance the ecological integrity of those populations.
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clear-cutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry and, although they may otherwise require an application
for development, they shall not require the issuance of a forestry
permit:
[Amended 11-25-1997 by Ord. No. O-15-97; 6-26-2012 by Ord. No.
O-6-12]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition,
size, age and similar forest structure.
[Added 5-9-1989 by Ord. No. O-4-99; amended 6-26-2012 by Ord. No.
O-6-12]
A silvicultural practice whereby a group of trees is periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice whereby single trees are periodically
selected to be removed from a large area so that age and size classes
of the reproduction are mixed.
[Added 6-26-2012 by Ord. No. O-6-12]
The establishment of a plant or plant age class from natural
seeding, sprouting, suckering or layering.
[Added 6-26-2012 by Ord. No. O-6-12]
That area designated as such by Section 10(a) of the Pinelands
Protection Act.
[2]See N.J.A.C. 7:50-6.43.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving the drawing of a set of
tines, mounted on the front or trailed behind a tractor, over an area
to thoroughly disturb tree and vegetation roots and/or to collect
stumps and slash.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving the removal of old forest
stand in one cutting, except for a small number of trees left singly,
in small groups or narrow strips, as a source of seed for natural
regeneration.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving the establishment of a
new, essentially even-aged forest stand from release, typically in
a series of cuttings, of new trees started under the old forest stand.
A shelterwood cut involves the establishment of the new forest stand
before the old forest stand is removed.
[Added 6-26-2012 by Ord. No. O-6-12]
A silvicultural practice involving the removal of competing
trees to favor certain species, sizes and qualities of trees.
[Added 6-26-2012 by Ord. No. O-6-12]
A woody plant that has the potential to reach a height of
at least 10 feet, has a single stem and has a definite crown shape.
[Amended 11-25-1997 by Ord. No. O-15-97]
No forestry shall be carried out by any person
unless a permit for such activity has been issued by the Township
Zoning Officer. Notwithstanding this requirement, no such permits
shall be required for the following forestry activities:
A.
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
B.
Tree harvesting, provided that no more than one cord
of wood per five acres of land is harvested in any one year and that
no more than five cords of wood are harvested from the entire parcel
in any one year;
C.
Tree planting, provided that the area to be planted
does not exceed five acres in any one year, no soil disturbance occurs
other than that caused by the planting activity and no trees other
than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
D.
Forest stand improvement designed to selectively thin
trees and brush, provided that no clearing or soil disturbance occurs
and that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year; and
E.
Prescribed burning and the clearing and maintaining
of fire breaks.
[Amended 5-9-1989 by Ord. No. O-4-89; 10-24-1989 by Ord. No.
O-17-89; 11-25-1997 by Ord. No. O-15-97; 6-26-2012 by Ord. No.
O-6-12]
The information in Subsection A or B below shall be submitted
to the Township Zoning Officer prior to the issuance of any forestry
permit:
A.
For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.
B.
For all other forestry applications:
(1)
The applicant's name and address and his interest in the subject
parcel;
(2)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(3)
The description, including block and lot designation and street address,
if any, of the subject parcel;
(4)
A description of all existing uses of the subject parcel;
(5)
A brief written statement generally describing the proposed forestry
operation;
(6)
A United States Geological Survey quadrangle map, or copy thereof,
and a copy of the municipal tax map sheet on which the boundaries
of the subject parcel, the Pinelands management area designation and
the municipal zoning designation are shown;
(7)
A forestry management plan that includes, as appropriate:
(a)
A cover page for the plan containing:
[1]
The name, mailing address and telephone number of the owner
of the subject parcel;
[2]
The municipality and county in which the subject parcel is located;
[3]
The block and lot designation and street address, if any, of
the subject parcel;
[4]
The name and address of the forester who prepared the plan,
if not prepared by the owner of the subject parcel; and
[5]
The date the plan was prepared, subsequent revision dates and
the period of time the plan is intended to cover;
(b)
A clear and concise statement of the owner's objectives
for undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
(c)
A description of the existing conditions of the subject parcel
and of each forest stand in which a proposed activity, prescription
or practice will occur. These stand descriptions shall include photographs
of each stand taken at eye level showing the location of all Pinelands
native forest types, as identified at N.J.A.C. 7:50-6.43, and shall
be keyed to an activity map that shall include, as appropriate, the
following information:
[1]
The number of acres;
[2]
The general condition and quality of each stand;
[3]
The overall site quality, relative to the management goals and objectives identified in Subsection B(7)(b) above;
[4]
An inventory and map of Pinelands native forest types with native
forest types broken into stands, including information on type, size
and volume by species;
[5]
The age of representative trees;
[6]
The species composition, including overstory, understory, ground
layer structure and composition;
[7]
The stand cohort composition;
[8]
The percent cover;
[9]
The basal area;
[10]
The structure, including age classes, diameter breast height
(DBH) classes and crown classes;
[11]
The condition and species composition of advanced regeneration
when applicable;
[12]
A stocking table showing the stocking levels, growth rates and
volume;
[13]
Projections of intended future stand characteristics at ten-,
twenty-, and forty-year intervals;
[14]
A description of the forestry activities, silvicultural prescriptions,
management activities and practices proposed during the permit period
and the acreage proposed for each activity. These may include, but
are not necessarily limited to, a description of:
[a]
Stand improvement practices;
[b]
Site preparation practices;
[c]
Harvesting practices;
[d]
Regeneration and reforestation practices;
[e]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[f]
Herbicide treatments;
[g]
Silvicultural treatment alternatives;
[h]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[i]
Implementation instructions; and
[j]
Measures that will be taken to prevent the potential
spread of exotic plant species or phragmites into wetlands; and
[15]
A description, if appropriate, of the forest products to be
harvested, including volume expressed in cords and board feet; diameter
breast height (DBH) classes and average diameter; age; heights; and
number of trees per acre; and
(d)
A map of the entire parcel which includes the following:
[1]
The owner's name, address and the date the map was prepared;
[2]
An arrow designating the north direction;
[3]
A scale which is not smaller than one inch equals 2,000 feet
or larger than one inch equals 400 feet;
[4]
The location of all property lines;
[5]
A delineation of the physical features such as roads, streams
and structures;
[6]
The identification of soil types (a separate map may be used
for this purpose);
[7]
A map inset showing the location of the parcel in relation to
the local area;
[8]
Clear location of the area and acreage in which each proposed
activity, prescription or practice will occur. If shown on other than
the property map, the map or maps shall note the scale, which shall
not be smaller than one inch equals 2,000 feet or larger than one
inch equals 400 feet, and shall be appropriately keyed to the property
map; and
[9]
A legend defining the symbols appearing on the map.
(9)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 253-81;
(10)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in § 287-5I(2);
(11)
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
(12)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in § 287-5; and
(13)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34; and
[Amended 5-9-1989 by Ord. No. O-4-89; 10-24-1989 by Ord. No.
O-17-89; 11-25-1997 by Ord. No. O-15-97; 6-26-2012 by Ord. No.
O-6-12]
Forestry operations shall be approved only if the applicant
can demonstrate that the standards set forth below are met:
A.
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist;
B.
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site;
C.
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic white cedar in cedar and hardwood
swamps:
(1)
Clear-cutting cedar and managing slash;
(2)
Controlling competition by other plant species;
(3)
Utilizing fencing and other retardants, where necessary, to protect
cedar from overbrowsing;
(4)
Utilizing existing streams as cutting boundaries, where practical;
(5)
Harvesting during dry periods or when the ground is frozen; and
(6)
Utilizing the least intrusive harvesting techniques, including the
use of winches, corduroy roads and helicopters, where practical.
D.
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 253-73E and 253-74A. The species accounts provided in the Recommended Forestry Management Practices Report, Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
E.
All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
in this section;
F.
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 253-81;
G.
A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic white cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities;
H.
Stream crossings, access roads, timber harvesting, skid trails, log
decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
I.
The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
(1)
In areas with slopes of greater than 10%, an undisturbed buffer strip
of at least 25 feet in width shall be maintained along roads during
site preparation to catch soil particles;
(2)
Herbicide treatments shall be permitted, provided that:
(a)
The proposed treatment is identified in the forestry application submitted to the Commission pursuant to § 287-4B(10);
(b)
Control of competitive plant species is clearly necessary;
(c)
Control of competitive plant species by other, nonchemical means
is not practical;
(d)
All chemicals shall be expressly labeled for forestry use and
shall be used and mixed in a manner that is consistent with relevant
state and federal requirements; and
(e)
In pine-shrub oak native forest types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration. All such herbicide
treatments shall be applied in a targeted manner so that there will
be no significant reduction in tree or shrub-oak resprouting outside
those areas subject to the herbicide treatment;
(3)
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands native forest types;
(4)
Disking shall be permitted, provided that:
(a)
It shall not be permitted in pine plains native forest types;
(b)
Disking shall only be permitted in pine-shrub oak native forest
types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration, and shall be limited as follows:
[1]
Disking may occur one time during the first year of the establishment
of a stand to assure the successful growth of pine seedlings and may
be repeated one time during the second year of the growth of the stand
only in areas where pine seedling establishment has not successfully
occurred; and
[2]
Only single-pass disking, which penetrates the soil no deeper
than six inches, shall be permitted.
(c)
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic white cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
(d)
It shall follow land contours when slopes are discernible;
(5)
Root raking shall be permitted, provided that:
(a)
It shall not be permitted in pine-shrub oak native forest types
or pine plains native forest types;
(b)
When used to establish, restore or regenerate Atlantic white
cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
(c)
Root raking debris shall not be piled in wetlands;
(6)
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands native forest types;
and
(7)
Drum chopping shall be permitted, provided that:
(a)
It shall not be permitted in pine plains native forest types
except to create road shoulder fuel breaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
(b)
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic white cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
(c)
It shall adhere to the following procedures:
[1]
No more than two passes shall be permitted except to create
scattered early successional habitats under two acres in size;
[2]
Drums shall remain unfilled when used during the dormant season;
[3]
Chop up and down the slope on a parcel so the depressions made
by the cleats and chopper blades run parallel to the contour of the
land to help reduce the occurrence of channeled surface erosion;
[4]
Chop so the depressions made by the cleats and chopper blades
run parallel to a wetland or water body; and
[5]
Avoid short-radius, one-hundred-eighty-degree turns at the end
of each straight pass.
J.
The following standards shall apply to silvicultural practices for
harvesting:
(1)
Clear-cutting shall be permitted, provided that:
(a)
It shall not be permitted in pine plains native forest types;
(b)
It shall be limited to 300 acres or 5% of a parcel, whichever
is greater, during any permit period;
(c)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any clear-cut
and the parcel boundaries;
(d)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger clear-cut from other twenty-five-acre or larger clear-cuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(e)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches diameter breast height (DBH) and six feet in
height shall be left on the parcel for a minimum of five years; and
(f)
The area of the parcel subject to the clear-cut shall have contoured
edges unless the boundary of the clear-cut serves as a firebreak in
which case straight edges may be used;
(2)
Coppicing shall be permitted in all Pinelands native forest types,
provided that:
(a)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(b)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any coppice cut
and the parcel boundaries;
(c)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger coppice cut from other twenty-five-acre or larger clear-cuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(d)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years; and
(e)
The area of the parcel subject to the coppice cut shall have
contoured edges unless the boundary of the coppice cut serves as a
firebreak in which case straight edges may be used;
(3)
Seed tree cutting shall be permitted in all Pinelands native forest
types, provided that:
(a)
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
(b)
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any seed tree
cut and the parcel boundaries;
(c)
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger seed tree cut from other twenty-five-acre or larger clear-cuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
(d)
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years;
(e)
The area of the parcel subject to the seed tree cut shall have
contoured edges unless the boundary of the seed tree cut serves as
a firebreak in which case straight edges may be used;
(f)
Dominant residual seed trees shall be retained at a distribution
of at least seven trees per acre; and
(g)
Residual seed trees shall be distributed evenly throughout the
parcel; and
(4)
Shelterwood cutting, group selection and individual selection shall
be permitted in all Pinelands native forest types.
K.
The following standards shall apply to silvicultural practices for
forest regeneration:
(1)
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection K(2) below; and
(2)
Artificial regeneration shall be permitted in all Pinelands native
forest types, provided that:
(a)
The use of nonnative cuttings, seedlings or seeds shall not
be permitted;
(b)
The use of hybrid cuttings, seedlings or seeds shall be permitted
if it can be demonstrated that the cutting is from a locally native,
naturally occurring hybrid which will be planted within its natural
range and habitat;
(c)
Cuttings, seedlings or seeds shall be collected and utilized
so as to ensure genetic diversity; and
(d)
When used in pine plains native forest types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar sources.
L.
Following site preparation and harvesting activities, slash shall
either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
M.
Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
N.
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
[Amended 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97]
A.
Applications for forestry permits shall be submitted
to the Zoning officer and shall be accompanied by an application fee
of $25.
B.
Within 14 days of receipt of an application, the Zoning
Officer shall determine whether the application is complete and, if
necessary, notify the applicant in writing of any additional information
which is necessary to complete the application. Should the Zoning
Officer fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following its
submission.
C.
Within 45 days of determining an application to be complete pursuant to Subsection B above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in § 287-5 or disapprove any application which does not meet the requirements of § 287-5. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
D.
Upon receipt of a notice of disapproval pursuant to Subsection C above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in § 287-5 and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection C above.
E.
Failure of the Zoning Officer to act within the time period prescribed in Subsections C and D above shall constitute approval of the forestry application as submitted. At the request the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
G.
Forestry permits shall be valid for a period of 10
years. Nothing in this section shall be construed to prohibit any
person from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.
[Amended 11-25-1997 by Ord. No. O-15-97]
Upon the issuance of a forestry permit pursuant to § 287-6C, the applicant shall be required to complete the following:
A.
Pay a sum of $250 which shall serve as reimbursement
for any administrative costs incurred by the municipality during the
ten-year permit period. The applicant shall not be subject to any
additional fees or escrow requirements for the duration of the forestry
permit. However, the forester who prepared the plans shall provide
the Zoning Officer with an annual written certification that the forestry
operations are in compliance with all provisions of this chapter.
B.
A financial surety, guaranteeing performance of the requirements of § 287-5 in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the greater of $500 or 10% of the value of the wood to be harvested during the duration of any approval which shall name the Commission and the township as the obligee, shall be posted by the property owner or his agent with the township.
[Amended 11-25-1997 by Ord. No. O-15-97]
No harvesting shall be commenced until the applicant
has provided the Zoning Officer with 72 hours written notice of the
intention to begin harvesting operations.
[Amended 11-25-1997 by Ord. No. O-15-97]
A stop-work order shall be issued by the designated township official if noncompliance with the approved forestry permit is evident or if there is nonadherence to the standards in § 287-5. The stop order will remain in effect until the township has determined, in consultation with the New Jersey Bureau of Forest Management, that resuming work will not violate the conditions of the approved forestry permit.
[Added 8-9-2016 by Ord.
No. O-12-2016]
A.
The Piney Hollow Park Preserve is comprised of two lots, Block 6602,
Lot 3, which is comprised of 132.94 acres and Block 6602, Lot 4, comprised
of 88.98 acres (each according to the Gloucester County Tax Assessor's
Office).
B.
Hunting, trapping, discharging firearms and weapons prohibited. No person or persons shall fire or discharge any revolver, pistol, firearm, gun, air gun, bow and arrow, crossbow, sling shot or other device or article upon the property described in Subsection A above, the Piney Hollow Park Preserve, for the purposes of hunting, taking or killing any bird or animal. Trapping of wildlife, by any means, is also prohibited in the property described in Subsection A above. This provision shall not apply to any law enforcement officers, local, county, state or federal, during the proper execution of their duties.
C.
Littering and dumping of refuse prohibited. No person or persons
shall deposit any litter, refuse or garbage, nor shall any person
or persons abandon any personal property on the grounds of the Piney
Hollow Park Preserve.
D.
Use of motorized vehicles prohibited. No person or persons shall utilize any motor vehicle, motorcycle, dirt bike, minibike, ATV, motorized bicycle, snowmobile, or any other motorized equipment upon the property described in Subsection A above, the Piney Hollow Park Preserve. This provision shall not apply to any police or other law enforcement officer or any local, county, state or federal official during the proper execution of their duties, or to any Franklin Township Public Works employee or other employee engaged in the performance of their duties. Notwithstanding the prohibitions set forth in this subsection, nothing shall prohibit the use of a motorized wheelchair by a handicapped or disabled person, or an individual who by reason of age or infirmity requires the use of a mobilized wheelchair, scooter or similar device. This subsection is to be read as an amendment to, and in harmony with Franklin Township Code, Chapter 377, §§ 377-1 through 377-12 (Ordinance Nos. 1972-2; O-28-2002), except that the provisions of this section, to the extent that they are different or contrary to any section in Chapter 377, shall specifically govern the activities in the Piney Hollow Park Preserve.
E.
Posting of signs prohibiting certain activities. The Township of
Franklin hereby authorizes the Franklin Township Department of Public
Works and/or the Franklin Township Environmental Commission to post
appropriate signage reflecting the prohibition of hunting, use of
motorized vehicles and littering on the grounds of the Piney Hollow
Park Preserve, which signs may include the penalties for a violation
of this section.
[Amended 8-9-2016 by Ord.
No. O-12-2016]
Any person violating any provisions of this chapter shall be
subject to a fine not exceeding $500 or imprisonment of 30 days, or
both, in the discretion of the Judge of the Municipal Court of the
Township of Franklin.
