[Adopted 11-9-1970]
A.
The unregulated and uncontrolled relocation, filling,
excavation and removal of soil on a large scale by developers and excavators
has resulted in conditions detrimental to the public safety, health and general
welfare substantially hampering and deterring the efforts of the Township
of Franklin to effectuate the general purpose of municipal planning.
B.
Continuation of the unregulated and uncontrolled relocation,
filling, excavation and removal of soil will result in serious and irreparable
damage to the public welfare by reason of consequent soil erosion by water
and wind; inadequate and improper surface water drainage; the decrease in
or destruction of the fertility of soil; the removal of lateral support of
abutting streets, lands and premises; the creation of dust storms and mosquito
breeding places; the creation of dangerous depressions or pits; the deterioration
of property values; the rendering of lands unfit or unsuitable to their most
appropriate uses; and the creation of other factors and elements hampering
and deterring the coordinated, adjusted and harmonious physical development
of the Township.
The terms used in this article shall be deemed and construed to have
the following meanings:
Any person who, either directly or through an agent or independent
contractor, engages or intends to engage in land subdivision or in the construction
of two or more dwelling houses, businesses or industrial buildings in any
subdivision for the purpose of sale to or occupancy by another person or persons.
Any person who moves soil in or upon more than 20,000 square feet of
land area in a district zoned for residential use.
Any person who moves soil in or upon more than 10,000 square feet of
land area in all zones other than residential.
Any person who moves soil in excess of 300 cubic yards to, on or from
any land area within 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 Warren County Clerk. For the purposes of this article, a "lot" shall also
be deemed to be any contiguous parcels of land under common 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 Warren County Clerk.
To dig, to excavate, to remove, to deposit, to place, to fill, to
grade, regrade, level or otherwise alter or change the location or contour,
to transport or to supply. This term shall not be construed to include plowing,
spading, cultivating, harrowing or discing of soil or any other operation
usually and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
Any person seized in fee simple of any lot or having such other interest
or estate therein as will permit exercise of effective possession thereof
or dominion thereover.
Any individual, firm, association, partnership or corporation, or
any group of two or more of them.
Any earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence therein of organic matter.
Soil that, in the natural state, constitutes the top layer of earth
and is composed of 2% or more, by weight, of organic matter and has the ability
to support vegetation.
A.
No developer and no excavator shall move or cause, allow,
permit or suffer to be moved any soil in or upon any lot in the Township of
Franklin unless and until a soil permit therefor shall first have been issued
by the Zoning Officer of the Township of Franklin.
B.
No owner of any lot in the Township of Franklin shall
cause, allow, permit or suffer any soil in or upon such lot to be moved by
any developer or excavator until such developer or excavator has first obtained
a soil permit therefor.
The matter of reviewing and considering all applications for soil permits
is hereby referred to the Planning Board of the Township of Franklin. The
Zoning Officer of the Planning Board shall issue no soil permit until the
Planning Board has approved the same and submitted to him its report and recommendation.
The procedure for application for and issuance of a soil permit shall
be as follows:
A.
Form of application. On forms prescribed and supplied
by the Planning Board, the applicant shall set forth:
(1)
His name and address.
(2)
The description of the lands in question.
(3)
The name and address of the owner of the lands.
(4)
The purpose or reason for moving the soil and whether
it will be done in connection with a proposed subdivision; if so, the date
of filing of the application for subdivision.
(5)
The kind and quantity, in cubic yards, of soil to be
moved.
(6)
In case of removal, the place to which the soil is to
be removed and the kind and quantity of soil to be removed.
(7)
The proposed date of completion of the work.
(8)
A certification that he has placed or caused to be placed stakes at each corner of the lands from which soil is to be removed and, further, that he has placed or caused to be placed grade stakes at the existing elevation points designated on the topographical may pursuant to the provisions of Subsection C hereof, clearly marked to indicate the soil cuts or fill.
(9)
Such other pertinent data as the Planning Board may,
by resolution, hereafter require.
B.
Signature. Said application shall bear the signature
of the applicant and the endorsement of the owner or owners of said lands
signifying approval of the application, consent to the applicant to perform
the proposed work and consent to the Township of Franklin, in the event of
failure of the applicant to do so, to cause the proposed work to be completed
or otherwise terminated in keeping with the purposes and objectives of this
article.
C.
Topographical map. Accompanying the application shall
be eight prints of a topographical map of the lot upon which the proposed
soil-moving operations are to be conducted and of all surrounding lands within
200 feet of the perimeter of said lot, prepared and certified by a licensed
professional or civil engineer of the State of New Jersey, on a scale of not
less than one inch to 100 feet, and referred to United States Coast and Geodetic
Survey Data, showing, both as to the lot and as to all of said surrounding
lands:
(1)
The dimensions of the lot and the lot and block number
of the lot and of each lot in the surrounding lands as shown on the Tax Assessment
Map of the Township of Franklin.
(2)
The existing elevations of all lands on a one-hundred-foot
grid layout.
(3)
The existing elevations of all buildings, structures,
streets, streams, bodies of water and watercourses, natural or artificial.
(4)
All existing surface and/or subsurface water drainage
conditions and provisions therefor.
(5)
All wooded areas and all trees having a diameter of six
inches or more at the base.
(6)
The limits of the area or areas within the lot or lots
in question within which the soil-moving operations are to be conducted and
the existing elevations of said limits at intervals of not more than 100 feet.
(7)
The proposed final elevations at each point where existing
elevations shown on said map are to be changed as a result of completion of
the proposed work.
(8)
Proposed slopes and lateral supports at the limits of
the area upon completion of the soil-moving operations.
(9)
Proposed provisions and facilities for surface water
drainage and, where applicable, channels of any streams, bodies of water and
watercourses, natural or artificial, including detailed cross sections showing
proposed channel widths, bank slopes and method of erosion and control thereof.
(10)
Accurate cross sections showing the locations and quantities,
in cubic yards, of soil to be moved.
(11)
All proposed elevations in enclosed rectangular boxes;
and all existing elevations to be indicated without any kind of enclosure.
(12)
Such other pertinent data as the Planning Board may,
by resolution, require.
D.
Filing fee. The application shall be submitted to the
Zoning Officer of the Planning Board with a fee to the order of the Township
of Franklin in an amount computed at the rate of $0.05 per cubic yard multiplied
by the number of cubic yards to be moved, as stated in the application and
certified on the topographical map; provided, however, that in no event shall
such fee be less than $75.
E.
Inspection.
(1)
The Township Engineer shall make an inspection of the
site from which soil is to be moved and shall make such engineering studies
as may be required to determine the effect of the removal of soil from the
location as it relates to:
(a)
Soil erosion by water and wind.
(b)
Surface and subsurface water drainage.
(c)
Soil fertility.
(d)
Lateral support of abutting streets and lands.
(e)
Public health and safety.
(f)
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
(2)
He shall also inspect the aforesaid site to determine whether stakes have been placed on each corner thereof and whether grade stakes have been placed at the existing elevation points designated on the topographical map pursuant to the provisions of Subsection A hereof. In the event of refusal of the soil permit, as hereinafter provided, the fee paid by the applicant shall be refunded, except that all moneys and costs incurred by the Township of Franklin for engineering surveys and reports, inspection fees and legal fees shall be retained by the Township, and the balance remaining shall be refunded to the applicant, together with a statement of the costs and expenses incurred by the Township of Franklin in the processing of the soil application.
F.
Hearing. The Planning Board shall, within a reasonable
time after receipt of the application, fix a date for hearing for the purpose
of considering the application and shall give to the applicant, by certified
and regular mail, notice of the time and place of said hearing. The applicant
shall, at least five days prior to the date appointed for said hearing, serve
written notice, either in person or by certified and regular mail, upon such
persons as are shown by the assessment rolls of the Township of Franklin to
be the owners of such lots as are within 200 feet of the property in question.
The applicant shall, at the hearing, present to the Planning Board satisfactory
proof, in affidavit form, of the service of said notice.[1]
G.
Decision. The Planning Board shall review and consider
the application and shall render its report and recommendation to the Zoning
Officer, who shall grant or refuse the permit in accordance with the recommendation.
Such report and recommendation shall be made within 60 days after the receipt
of the application.
H.
Appeal. In the event of refusal, the applicant may, not
later than 30 days after the date of such refusal, appeal to the Township
Committee. The Township Committee may, by a majority vote, sustain or, by
a two-thirds vote of its entire membership, overrule the Planning Board recommendations.
I.
The soil permit shall be in such form as may be prescribed
by the Planning Board, shall be signed by the Zoning Officer of the Planning
Board and either the Chairman of the Planning Board or the Chairman of the
Soil Committee of the Planning Board and shall contain any special conditions
set forth in the recommendation.
J.
The soil permit shall be dated as of the date it is actually
issued, and the term of said permit shall not exceed one year. All permits
shall automatically expire on the termination date, unless application for
renewal has been made and approved, in writing, extending such permit.
In considering and reviewing the application, the Planning Board shall
be guided by the general purpose of municipal planning and shall take into
consideration the following factors:
A.
Soil erosion by water and wind.
B.
Surface and/or subsurface water drainage.
C.
Soil fertility.
D.
Lateral support of abutting streets and lands.
E.
Public health and safety.
F.
Land values and uses.
G.
Such other factors as may bear upon or relate to the
coordinated, adjusted and harmonious physical development of the Township.
No person to whom a soil permit has been issued shall:
A.
Conduct or maintain on the premises any sand, gravel
or similar kind of pit, any sand or gravel washing or screening machinery
or equipment, any business or industry not permitted in the district in which
said premises is located and classified by the Township of Franklin Land Use
and Development Ordinance, as amended and supplemented,[1] or any endeavor or enterprise other than the grading or regrading
of said premises in accordance with the provision of said permit and, where
applicable, the necessary disposal of soil incidental to said grading or regrading.[2]
B.
Conduct or maintain any soil-moving operations without
having first made adequate provision, by means of road oil or otherwise, for
the laying of dust incidental to the use of vehicles, machinery and equipment
on the lands described in the soil permit.
C.
Neglect to dispose of, on or before the completion date
stated in the application, any partially or wholly excavated boulders or other
incombustible debris resulting from the soil-moving operations, by burial
or removal, or any partially or wholly excavated stumps, felled or uprooted
trees or other combustible debris resulting from the soil-moving operations,
by combustion or removal from the premises.
D.
Conduct any soil-moving operations beyond the expiration
date as set forth in the soil permit or extended expiration date as may duly
be granted by the Planning Board.
A.
Whenever any developer or excavator shall move topsoil
in or upon any lot, provision shall be made for the storage of said topsoil
within the boundary lines of said lot.
B.
Except as hereinafter provided, all of the topsoil so
stored shall be uniformly replaced over the entire area or surface of the
lot on or before the completion date set forth in the soil permit, so that
the final grade or grades of said replaced topsoil shall be in accordance
with the proposed final grades shown on the topographical map.
C.
No developer or excavator shall remove to any point beyond
the boundary lines of the lot any topsoil whatsoever unless and until topsoil
not inferior in quality to that to be removed shall first have been replaced
uniformly to a depth of not less than six inches, measured from the proposed
final grades as shown on the topographical map, over the entire surface or
area of the lot, excepting only such portions thereof as shall be or shall
have become, since the date of filing of said topographical map, permanently
covered by a building or structure, street pavement, curb, sidewalk, driveway
or other paved area or by any body of water or waterway. In no event shall
the developer or excavator remove from the lot more topsoil than that comprising
the surplus or excess remaining after the replacement of the topsoil aforesaid.
No developer or excavator shall, at any time in the course of the work,
dig or excavate more than six inches below the proposed final grades as shown
on the topographical map, unless:
A.
The soil permit specifies otherwise and the performance
bond hereinafter referred to makes specified provision for replacement, on
or before the completion date set forth in the soil permit, of soil of sufficient
quantity and kind to restore the final grades to those shown on the topographical
map; or
B.
After issuance of the soil permit, the developer or excavator,
before digging or excavating below said minimum level, shall apply to the
Planning Board and be granted an amendment of the application and topographical
map then in effect, which amendment may be granted upon such terms as the
Planning Board may deem necessary to assure adherence to the purpose and objectives
of this article.
No developer or excavator shall deposit soil upon, fill in or raise
the grade of any lot without first making provision for:
A.
The use in said work of soil or such other materials
as will not result in deviation from the proposed final grades or the uniformity
thereof by reason of abnormal shrinkage or settlement.
B.
The collection and storage upon the lot of the original
topsoil to the end that said topsoil shall not be buried beneath soil or other
material of inferior quality and the uniform replacement of the topsoil so
stored over the entire area or surface of the fill soil or other material
so that the final grade or grades of said replaced topsoil shall be in accordance
with the proposed final grades shown on the topographical map. In the event
that such provision is not practicable, provision shall be made for the uniform
placement over the entire area or surface of the fill soil or other material,
excepting any such portions thereof as shall be or shall have become permanently
covered by a building or structure, street, pavement, curb, sidewalk, driveway
or other paved area or by any body of water or waterway of a layer of topsoil
not inferior in quality to that of the original topsoil to the depth of not
less than six inches, measured from the proposed final grades as shown on
the topographical map.
A.
In the event that the Planning Board recommends approval
of the soil-removal application, the Zoning Officer of the Planning Board
shall, forthwith, give notice to the applicant of the action of the Board
and, further, the amount of the performance bond required as hereinafter set
forth. In the event that the applicant fails to post the required performance
bond within 60 days of said notice, then the recommendation of the Planning
Board shall be automatically rescinded.
B.
No soil permit shall be issued unless the applicant therefor
shall have posted with the Township of Franklin a performance bond, in form
and with surety acceptable to the Township of Franklin, in such amount as
the Planning Board shall determine, conditioned upon full and faithful performance
by the principal, within the time specified in the application, of all the
proposed work in accordance with the provisions of this article and of the
soil permit issued pursuant hereto.
C.
The amount of said bond shall be determined at the rate
of not less than $0.10 per cubic yard and not in excess of $0.50 per cubic
yard of the amount of soil to be moved; provided, however, that in no event
shall said bond be less than the principal amount of $2,000. In ascertaining
the rate upon which to compute the amount of the bond, the Planning Board
shall take into consideration such factors as may bear upon the facility with
which the proposed work may be performed, including but not limited to the
type and character of soil, the extent of the area over which the soil-moving
operations are to be conducted, the extent and depth of the various cuts and
fills, the extent to which the area of operations is wooded, the proximity
of the proposed operations to streets, buildings, structures, natural or artificial
streams or watercourses and general drainage conditions.
D.
Before the holder of any soil permit shall proceed before
the Planning Board with any application for any amendment or alteration of
the terms and conditions of any outstanding soil permit, there shall be submitted
to the Planning Board the written consent of the surety on said bond, approving
said application for amendments or alteration and consenting to extension
of the bond coverage thereto.
E.
Applications for the release of any bonds posted in accordance
with the terms of this article and/or the resolutions of the Planning Board
shall be accompanied by an affidavit stating that the soil-moving operation
has been completed in accordance with the application and all plans, maps
and other data filed therewith and in accordance with all resolutions and
conditions therein adopted by the Planning Board. Said affidavit shall be
executed by a licensed professional or civil engineer of the State of New
Jersey.
Nothing in this article shall be construed to affect or apply to any
person engaged in the moving of soil in and upon lands enrolled in the Soil
Conservation Program of the Northeastern Jersey Soil Conservation District
of the United States Department of Agriculture Soil Conservation Service and
for which lands an Approved Farm Plan has been established by said agency,
provided that all soil-moving operations in and upon such lands are performed
in accordance with said Approved Farm Plan.
For the purpose of administering and enforcing this article, any duly
authorized officer, agent or employee of the Township of Franklin shall have
the right to enter into and upon any lands in or upon which soil-moving operations
are being conducted to examine and inspect such lands.
Any person who shall violate this article shall, upon conviction thereof,
pay a fine not exceeding $1,000 or be imprisoned in the County jail for a
term not exceeding 90 days, or both, for each offense, in the discretion of
the court. Each day that a violation shall continue shall constitute a separate
offense.
