[HISTORY: Adopted by the Township Committee of the Township of Franklin
9-27-1994 by Ord. No. O-6-94. Amendments noted where applicable.]
The purpose of this chapter is to protect the health, safety and welfare
of persons and property within Franklin Township by requiring permitting which
seeks to ensure the proper operation and closure of all soil or earth removal
activities within the township.
For the purpose of this chapter, the following words shall be defined
to include and to mean the following:
The individual, partnership, corporation or any other entity and
shall include tenants, owners, licenses and permittees who shall apply for
a permit.
The Township Committee of the Township of Franklin.
Any parcel of land or portion thereof, the boundary lines of which
can be ascertained by reference to the maps and records, or either, in the
office of the Tax Assessor of the Township of Franklin or in the office of
the Gloucester County Registrar of Deeds.
A soil removal permit used under the terms hereof.
Includes an individual, partnership, corporation or any other entity,
and shall include both tenants, owners, licensees and permittees.
The Planning Board of the Township of Franklin.
One or more lots or contiguous parcels of land in single ownership,
which ownership can be ascertained by reference to the maps and records, or
either, in the office of the Tax Assessor of the Township of Franklin or in
the office of the Gloucester County Registrar of Deeds.
Includes the general removal, treatment and management activities
of soil limited on-site and shall not include trucking, as defined herein.
The restoration of an area of land (to include filling, grading,
topsoil, revegetation, equipment removal, etc.) such that the land is made
useful for some future use. Except for topsoil, no significant amount of fill
material shall be imported to the site for the purposes of site restoration.
[Amended 4-8-2003 by Ord. No. O-8-2003]
Both surface soil (topsoil) and subsoil, and shall include dirt,
stone, gravel, sand, humus, clay, loam, rock and mixtures of any of these.
Includes any vehicular traffic of vehicles to or from the site which
are loaded or to be loaded with soil.
A.
No person shall excavate for the removal of soil or otherwise
remove soil for sale or for use other than on the premises from which the
soil shall be taken except in connection with construction or alteration of
a building and/or structure on such premises for which a construction permit
has been properly issued; minor excavation incidental to active farming operations
including harvesting, drainage and irrigation, and excluding all grading incidental
thereto, without first having obtained a permit therefore, approved by the
Planning Board of the Township of Franklin. The permit shall be conspicuously
posted and displayed in the office of the permittee and produced upon request.
B.
It shall be unlawful for any person to engage in soil
removal within the limits of the Township of Franklin without first having
obtained a permit and complying with the provisions of this chapter.
A.
At the time of filing an application for a permit, the applicant shall deposit with the Planning Board Secretary the required application and escrow fees for a site plan as per § 253-20B of Chapter 253, Land Development. Permits shall run for a period of five years from January of each year. Any permit not renewed by the Planning Board shall terminate December 31, five years following the effective date of the issuance of the permit. Any such permit issued after January 1 of any given year shall relate back to January 1. There shall be no adjustment of the permit fee for any period of time in which said permit shall be in effect for less than five years.
B.
On or before July 1, prior to the expiration of any permit
issued pursuant to this chapter, the Department of Planning and Zoning shall
mail to each permit holder an application for renewal of said permit. On or
before September 15, prior to the expiration of any permit issued pursuant
to this chapter, the applicant shall file with the Planning Board Secretary
the completed application, along with all documentation and fees required
by this chapter. Failure of any applicant to process renewal of its application
in a timely manner, as provided in this subsection, shall cause the permit
to lapse, and all soil removal activities performed under the permit shall
cease as of the expiration of the existing permit. The Planning Board shall
be under no duty to extend the expiring permit by reason of failure of the
applicant to follow the application process in a complete and timely manner.
However, if the applicant has paid all taxes, all fees and has no existing
violations, the Planning Board may consider to extend the renewal of a permit.
C.
Special requirements.
[Added 4-11-1995 by Ord.
No. O-5-95]
(1)
Operators of all approved soil removal operations shall,
on an annual basis, certify in writing and to the satisfaction of the Planning
Board and the Pinelands Commission in the Pinelands Area that all soil removal,
mining, restoration and other activities have been and continue to be conducted
in accordance with an approved soil removal permit.
(2)
If the Planning Board or the Executive Director of the
Pinelands Commission in the Pinelands Area determines that any activity deviates
from the approved permit, the operator shall be immediately notified of the
deviation. The notice shall state the nature of the deviation, order the action
necessary to correct it and set forth the date, time and location of a meeting
to be held within 10 days, at which the operator shall present all relevant
information concerning the deviation and the action taken or to be taken to
correct it.
(3)
The order to take corrective action shall specify any
activity which must be immediately ceased to prevent direct or indirect aggravation
of the deviation or to avoid a danger to the public health, safety or welfare.
Such cessation shall continue until deviation has been resolved to the satisfaction
of the Planning Board and the Executive Director of the Pinelands Commission
in the Pinelands Area or until an agreement to resolve the deviation has been
reached.
(4)
Failure to resolve a deviation or to adhere to the terms and conditions of any agreement to resolve a deviation shall constitute sufficient cause for revocation of the permit. The Planning Board shall institute such revocation proceedings in accordance with § 325-16. Any enforcement proceedings initiated by the Executive Director of the Pinelands Commission shall be in accordance with N.J.A.C. 7:50-4.41 and 7:50-4.42.
The applicant shall make application for a soil removal permit on a
form provided by the Department of Planning and Zoning and shall furnish the
following information and documents:
A.
The name and address of the applicant; if the applicant
is a partnership, a partnership name and business address, together with the
names of all partners and their residential addresses; if the applicant is
a corporation, the name of the corporation, the place of business of said
corporation, the names and addresses of all directors of such corporation,
the names and addresses of all stockholders holding 5% or more of the stock
of the corporation, and the names and addresses of the legal representative
of the corporation, if any.
B.
The name and address of the owner or owners of the premises
involved; if the owner or owners are a partnership, then the partnership name
and business address, the names of the partners together with their residential
addresses; if the owner is a corporation, the name of the corporation, its
place of business, the date and state of incorporation, the names and addresses
of all officers and positions held in the corporation, the names and addresses
of all directors, the names and addresses of all stockholders holding 5% or
more of the stock or the corporation, and the names and addresses of the legal
representatives of the corporation, if any.
C.
The legal description, including block and lot designation
and street address, if any, of the subject property.
D.
A description of all existing uses of the subject property.
E.
A brief written statement generally describing the proposed
development.
A.
It is the purpose of this section to require anyone applying for a soil removal permit to initially obtain site plan approval by resolution of the Planning Board in accordance with Chapter 253, Land Development, of the Township Code. Thereafter, renewals of the soil removal permit shall be subject to submission of as-built plan of the development.
(1)
Initial application-site plan approval by resolution of the Planning Board, in accordance with Chapter 253, Land Development, of the Township Code.
(2)
Renewal application. As-built plans prepared by the appropriate
licensed professional and a copy of the approving resolutions as referenced
in § 325-6(A).
B.
Water sampling, prior to obtaining approval of a permit
which includes the creation or existence of a body of water, the applicant
shall submit testing results in conformance with the New Jersey Department
of Environmental Protection guidelines for water quality monitoring. The aforesaid
results shall be accepted pursuant to appropriate water quality standards.
Minimum requirements for testing shall be the standard elements for sampling
potable water, including chemical and bacteria samples. The rate of sampling
shall be semiannual, sampling to be done in April and October, and reported
to the township on or before May 1 and November 1 of each and every year for
the respective sampling. Any new application for a permit must submit water
sample results with the application regardless of the time of year. More frequent
sampling will be required if it is determined that the water quality is deteriorating
from background water quality.
C.
Hearings.
(1)
Hearings of the Planning Board in considering and reviewing
the application and in arriving at its decision shall be guided by and take
into consideration the public health, safety and general welfare and particular
consideration shall be given to the following factors:
(a)
Soil erosion by water and wind.
(b)
Drainage.
(c)
Soil fertility.
(d)
Lateral support slopes and grades of abutting streets
and lands.
(e)
Land values and uses.
(f)
Water quality standards that are not in conformance with
and acceptable pursuant to New Jersey Department Environmental Protection
guidelines.
(g)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the township.
(h)
Restoration plan and continuous compliance with said
plan.
(2)
The Planning Board may, where it deems necessary in order
to evaluate the aforesaid factors, require the applicant to perform on-site
test borings and such other related testing as may be required and to make
such modifications of the plan or map to be filed as required.
D.
After examining the application and the map provided
for this chapter and after the hearing in the event a hearing is requested
by the applicant, and if the Planning Board shall be of the opinion that the
proposed soil removal will not create conditions inimical to the public health,
welfare and safety and will not result in the creating of any sharp declivities,
pits or depressions, soil erosions or fertility problems or depressed land
values nor create any drainage or sewerage problems or other conditions of
danger, permission to remove the soil shall be granted. Any conditions of
approval shall be duly noted in the permit.
An applicant may request a waiver from any specific item requested or required by this chapter. Said application shall be submitted along with documentation supporting such request to the Planning Board who may grant the requested waiver or establish a date for hearing on said request pursuant to § 325-6C, Hearings, set forth hereinbefore, following a report and recommendation from the Township Planning Board Engineer.
An applicant may appeal the denial of its requested permit to the Superior
Court by filing a complaint in lieu of prerogative writ, no later than 45
days from the date of the publication of the decision.
If permission to remove the soil shall be granted, the owner or person
in charge shall so conduct the operations so that there shall be no sharp
declivities, pits or depressions and in such a manner the area shall be properly
leveled off, cleared of debris and graded to conform with the contour lines,
grades and restoration plans as approved by the Planning Board.
The applicant shall evidence liability insurance in sums not less than
$2,000,000/$2,000,000 per accident. Such insurance shall indemnify the township
from the operations of the applicant. Also, the township shall be named as
an additional insured under applicant's policy. A certificate or copy of said
policy shall be delivered to the Municipal Clerk for filing.
A.
No excavation shall be made and no soil shall be removed
under the provisions of this chapter unless a permit therefor shall be made,
and no soil shall be removed except in conformity with the provisions of this
chapter. Said permit shall contain the name and address of a person residing
within the State of New Jersey upon whom lawful process may be served.
B.
Subsequent to the issuance of the soil removal permit,
the applicant, prior to the commencing of each soil removal operation in accordance
with the permit, shall be required to submit the following to the Planning
Board Engineer for approval:
(1)
An operation schedule which shall set forth the approximate
length and hours of operation and the section of the site to be excavated,
as well as an appropriate schedule of repair and restoration work (such as
grading, seeding and fertilizing) in reference to this operation.
(2)
A traffic circulation plan which shall delineate the
proposed entrances and exits and the proposed routes for delivery of materials
and proposed signage for traffic safety and direction, if any.
C.
Without the express written approval of the Planning
Board Engineer, no fertile top layer (topsoil) shall be removed from the site.
All such material shall be appropriately stockpiled for use in restoration
and repair of the site.
D.
No soil shall be removed which is within five feet of the seasonal high-water table or unless approved pursuant to § 325-6A.
E.
The top of the natural slope or cuts for any excavation
and any mechanical equipment shall be at least 200 feet from any property
line and at least 200 feet from any public street.
F.
The area excavated shall be graded and covered with four
inches of topsoil and seeded with perennial grass during the planting season.
If sufficient topsoil is not available from the premises, then a cover crop
as prescribed by the Township Engineer shall be spread on the premises. Except
for topsoil, no significant amount of fill material shall be imported to the
site. Excavations created by the mining operation and/or pits or cavities
existing on site shall not be used for landfilling, dumping, disposal or the
depositing of any material from any other site.
[Amended 4-8-2003 by Ord. No. O-8-2003]
A.
All persons presently conducting soil removal or soil
excavating operations shall conform to the standards and requirements set
forth herein within six months from the adoption of this chapter.
B.
The Planning Board may extend the period of time for
compliance with these requirements for additional periods of up to six months
upon proper application for and good cause shown.
The permittee with reasonable notice from the township shall permit
inspection of the premises at all reasonable business hours by the Mayor,
members of the Township Committee, Planning Board members or by such designated
township officials as the Mayor, Township Committee or Planning Board may
lawfully authorize to inspect and report thereon. This section shall not apply
to any township or other government official who may access the property by
federal, state, county or municipal authority.
A.
No permit shall be transferable in any manner whatsoever
from the applicant to whom the permit is issued to any other person or persons.
B.
In the event that a change of 5% or more of the stock
ownership of a corporation or change in the partnership, ownership or structure
in the case of a partnership occurs, such change shall be deemed a transfer
of the license and shall require the approval of the Planning Board as set
forth within this chapter.
Permits may be revoked permanently or suspended for any period of time
for any violation of the provisions of this chapter.
A.
No person shall conduct any soil removal or trucking
activities except as provided in the schedule below. No such activity shall
be permitted at any time on Sunday. In addition, this section shall not be
deemed to expand any hours of operation which might otherwise be limited by
an approval of the Franklin Township Zoning Board of Adjustment or Planning
Board at the time of issuance of a variance to conduct soil removal.
B.
If the operation is a nonconforming use and a variance(s)
is (are) granted, the time of operation is subject to review and will be established
by the Planning Board.
Any person, firm or corporation violating any of the provisions of this
chapter shall be subject to a fine not exceeding $1,000 or imprisonment in
the county jail for a term exceeding 90 days, or both, in the discretion of
the Municipal Court before whom such conviction shall be had. Each and every
violation of and nonconformance with this chapter or each day that any provision
of this chapter shall have been violated shall be construed as a separate
and distinct violation thereof.
[Added 4-11-1995 by Ord.
No. O-5-95]
