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November 20, 2009

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November 20, 2009 ...

November 10, 2009

CALL MEETING TO ORDER

    FLAG SALUTE

    STATEMENT OF NOTICE OF MEETING

    VIDEOTAPING NOTICE

    MOTION TO APPROVE MINUTES October 27, 2009 Special Meeting-Deer Meadow, October 27,

    2009 Work Session, Closed Session, Regular Meeting MOTION TO APPROVE BILLS

    MOTION TO ACCEPT & FILE ALL REPORTS AND CORRESPONDENCE

APPLICATION FOR BLUE LIGHT PERMIT Douglas G. Perry

JUNKYARD LICENSE RENEWALS Ralph‘s Body Shop, Forest Grove Motors

     Russ‘ Used Auto Parts, Porchtown Recyclers

    PUBLIC PORTION

    PUBLIC HEARING ON THE FOLLOWING ORDINANCES:

    1. O-17-09 Authorizing The Expenditure Of Funds For Franklin Forest

    2. O-18-09 Flood Damage Prevention Ordinance

SOLICITOR‘S REPORT

    Introduction of the following Ordinances:

    1. O-19-09 Authorizing The Acceptance And Expenditure Of New Jersey Department Of

    Transportation Trust Funds For Weymouth Road Section I

    2. O-20-09 Amending O-16-07 Respecting Weight Limits On Grubb Road

    Resolutions:

    1. R-256-09 Authorizing Release Of The Letters Of Credit For The Project Known As

     Deerwoods Phases I, II, III And IV

    2. R-257-09 Authorizing Release Of The Performance Guarantee Posted For Autumn

     Drive, Block 1002, Lots 13, 13.01, 14 & 38

     TOWNSHIP COMMITTEE REPORTS

    ADMINISTRATOR'S REPORT

    SECOND PUBLIC PORTION

    MAYOR'S REPORT

    ANY OTHER BUSINESS FROM COMMITTEE

    ADJOURN

November 10, 2009 Regular Meeting

The regular meeting of the Township Committee of the Township of Franklin was called to order by Mayor Petsch

    at 8:00 p.m. in the Municipal Building. The following Committee members were in attendance: Mr. Atkinson, Mr.

    Mattei, Mr. Ciancaglini, and Mayor Petsch. Mrs. Pfrommer was absent. Mr. DiGiorgio, Administrator, and Mr.

    Ziegler, Solicitor, were also in attendance.

Mrs. Toy opened the meeting with the Statement of Notice of Meeting as per the Open Public Meetings Law with

    notices having been sent to the Gloucester County Times and The Sentinel, as well as having been posted in the

    Municipal Building. Mrs. Toy also advised that the meeting was being videotaped and may be broadcast on

    Channel 9.

Upon motion by Mr. Atkinson seconded by Mr. Ciancaglini and carried the minutes of the October 27, 2009 Special

    Meeting-Deer Meadows and the minutes from the October 27, 2009 Work Session, Closed Session and Regular

    Meetings were ordered approved as presented.

    Atkinson-yes Mattei-abstain Ciancaglini-yes Petsch-yes

Upon motion by Mr. Mattei seconded by Mr. Atkinson and carried all approved bills were ordered paid.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

BILLS PAID November 10, 2009

    Ck# Name Dept. Voucher Check

    311 NJ State Department of Health Dog Trust 530.40 530.40

    720 Fralinger Engineering PA Escrow Account 977.64 977.64

    721 Current Fund 647.50 647.50 722 Rich & Maria Owens 269.82 269.82 723 Robert & Chantell Berger 452.97 452.97 724 Earl & Lisa Mitchell 519.04 519.04 1104 Delsea Regional School Grant Fund 520.00 520.00

    1105 Linda Lawyer 85.00 85.00 1106 SA Eiffes 2900.00 2900.00 1107 National Pen Company 94.90 94.90 1644 Comp Solutions & Services Capital Account 694.00 694.00

    1645 Northstar Marine Inc. 3950.00 3950.00 1646 SL Swenk 3800.00 3800.00

20748 Weber Power Equipment Vehicle Maintenance 115.11 115.11

    20749 Atlantic City Electric Electricity 58.38

     62.77

     90.49

     Street Lights 8808.19 9019.83

    20750 Swanson Hardware Supply Vehicle Maintenance 318.00 318.00

    20751 Avaya Inc. Telephone 74.59 74.59

    20752 Nextel Communications 312.51

     254.05

     State Uniform Construction Code 67.49

     17.47 651.52 20753 Garden State Cleaners & Dyers Public Safety/Police 1226.75 1226.75

    20754 Michael Borelli Esq. Planning Board 3500.00

     Zoning Bd. Of Adjustment 3500.00 7000.00

    20755 Colucci Lumber Co. Public Safety/Police 16.94

     9.70

     Public Buildings & Grounds 4.88 31.52

    20756 Eagle Point Gun Public Safety/Police 6884.75 6884.75

    20757 Joseph Fazzio Inc. Vehicle Maintenance 214.28

     Maintenance of Parks 63.65 277.93

    20758 Home Depot Public Buildings & Grounds 19.88 19.88

    20759 Lawmen Supply Co. of NJ Public Safety/Police 59.40 59.40

    20760 Laurel Lawnmower Service Vehicle Maintenance 162.51 162.51

    20761 Mac‘s Automotive Electric Inc. 178.00 178.00 20762 Vineland Auto Electric Inc. 37.02

     174.66 211.68 20763 Pedroni Fuel Co. Road Repairs & Maintenance 563.17

     Garbage & Trash Removal 1689.53 2252.70

    20764 Berco Fleet Service Vehicle Maintenance 290.68 290.68

    20765 Wheelabrator Gloucester Co. Sanitary Landfill 52307.77 52307.77

    20766 Standard Maintenance Supply Public Safety/Police 62.00

     117.00

     Road Repairs & Maintenance 46.00 225.00

    20767 Canon Business Solutions General Government 222.75

     Public Safety/Police 74.25 297.00

    20768 T & F Camera Shop 11.92 11.92 20769 West Group Municipal Court 107.00 107.00

    20770 Michael Rock Public Safety/Police 216.00 216.00

    20771 Safeguard Business Systems Financial Administration 123.54 123.54

    20772 Life Care Institute Garbage & Trash Removal 300.00 300.00

    20773 Postmaster General Government 185.00 185.00

    20774 Vital Communications Inc. Assessment of Taxes 400.00

     2210.60 2610.60 20775 Edmunds & Associates Collection of Taxes 270.00 270.00

    20776 P. F. Pettibone & Co. Environmental Services 159.45 159.45

    20777 Lee Rain Inc. Maintenance of Parks 44.70 44.70

    20778 Technical Asst. Assn. Of SJ State Uniform Construction Code 40.00 40.00

    20779 Comp Solutions & Services Inc. General Government 176.50

     120.00

     Municipal Clerk 869.00 1165.50

    20780 Corky Lindardo Public Buildings & Grounds 225.00 225.00

    20781 Robert Winzinger Inc. Road Repairs & Maintenance 270.16 270.16

    20782 South State Inc. 893.35 893.35 20783 Pardo‘s Truck Svc Parts Inc. Vehicle Maintenance 262.35

     195.15

     163.40 620.90 20784 Quality Lincoln Mercury 75.00 75.00 20785 Avaya, Inc. Telephone 426.34 426.34

    20786 Delsea Regional School Public Buildings & Grounds 3029.66

     311.28 3340.94 20787 Gametime Maintenance of Parks 141.14 141.14

    20788 Meg Kotarski Municipal Court 50.00 50.00

    20789 John Keisler Tax Overpayment 380.41 380.41

    20790 Labor Ready Northeast Garbage & Trash Removal 1191.96 1191.96

    20791 United Electric Supply Co. Public Buildings & Grounds 20.95

     50.08 71.03 20792 Peach Country Tractor Inc. Vehicle Maintenance 1039.95 1039.95

    20793 Barry Carione Health & Human Services 82.50 82.50

    20794 122.53 122.53 20795 Aramark Uniform Services Public Buildings & Grounds 43.70

     Road Repairs & Maintenance 58.96

     Garbage & Trash Removal 99.64 202.30

    20796 Specialtees Uniform Fire Safety 1283.40 1283.40

    20797 Adams, Rehmann & Heggan Engineer Services & Costs 1367.25 1367.25

    20798 Majestic Oil Co. Fuel Oil 760.34

     3505.16

     587.62

     666.66

     Gasoline 169.83

     1634.83

     1425.20

     2179.20

     1402.85

     1613.70

     246.30

     33.85 14225.54 20799 Broadwing Communications LLC Telephone 417.99

     417.99 835.98 20800 Garoppos Feed & Horse Supplies Public Safety/Police 399.49 399.49

    20801 Hoover Truck Centers Vehicle Maintenance 408.36 408.36

    20802 DM Medical Billings DM & M Billing 1610.79 1610.79

    20803 Matthew J. Ryan Vet Hospital Public Safety/Police 199.15 199.15

    20804 City of Philadelphia 100.00 100.00 20805 South Jersey Water Test Public Buildings & Grounds 215.00 215.00

    20806 Jeffrey Surenian Legal Services & Costs 1515.15 1515.15

    20807 Hintz, Clarke & Canton 64.63

     83.63

     58.75 207.01 20808 Cindy Merckx Publication Municipal Clerk 20.46 20.46

    20809 Watch Guard Video Vehicle Maintenance 15.00 15.00

    20810 Thomas Little Public Safety/Police 236.74 236.74

    20811 WB Mason Company 190.94

     Municipal Court 127.82

     269.75

     Financial Administration 3.09

     Public Safety/Police 656.96

     Municipal Clerk 87.58 1336.14

    20812 SL Swenk Public Buildings & Grounds 95.00 95.00

    20813 Salvatore Catania State Uniform Construction Code 55.00 55.00

    20814 NJASRO Public Safety/Police 165.00 165.00

    20815 Edward Dawkins Tax Overpayments 254.03 254.03

    20816 Anthony Negron 259.49 259.49 20817 David Hess 1153.92 1153.92 20818 William Devuono 1682.07 1682.07 20819 Josephine Gallagher Election Expenses 200.00 200.00

    20820 Alice Bowers 200.00 200.00 20821 Anna Lynch 200.00 200.00 20822 Melissa O‘Donnell 200.00 200.00 20823 Deborah Massa 200.00 200.00 20824 Lou Weiss 225.00 225.00 20825 Judith Trasferini 200.00 200.00 20826 Richard Trasferini 225.00 225.00 20827 Gail Gilligan 200.00 200.00 20828 Melody Stroh 200.00 200.00 20829 Bernice Cecil 225.00 225.00 20830 Ruth Gallagher 200.00 200.00 20831 Donna Cartwright 225.00 225.00 20832 Pat McCauley 200.00 200.00 20833 Thomas Rommelmann 200.00 200.00 20834 Ruth Baker 200.00 200.00 20835 Caroline Biedron 200.00 200.00 20836 Juanna Carpinelli 200.00 200.00 20837 Nell Carpinelli 200.00 200.00 20838 Susan Gable 200.00 200.00 20839 Mary Wilson 225.00 225.00 20840 Dorothy Bass 200.00 200.00 20841 Edith Cassaday 225.00 225.00 20842 Robert McGeorge 200.00 200.00 20843 Constance Abbate 200.00 200.00 20844 Donna Scull 200.00 200.00 20845 Marilyn Gandy 200.00 200.00 20846 Eleanor Kelly 225.00 225.00 20847 Carol Bonocini 200.00 200.00 20848 Robin Fey 200.00 200.00 20849 Cynthia Giacomoni 200.00 200.00 20850 Lisa Visalli 225.00 225.00 20851 Pat Sosik 200.00 200.00 20852 Bonnie Jaggers 200.00 200.00 20853 Clarence Johnson 225.00 225.00 20854 Dorothy Connell 200.00 200.00

20855 Ronald Dixon 225.00 225.00

    20856 Joann Franchi 200.00 200.00

    20857 Lynn Jaggers 225.00 225.00

    20858 Bessie Bursdall 200.00 200.00

    20859 George Gregory 200.00 200.00

    20860 Conservation Ctr for Art Historical Society 100.00 100.00

    20861 Tina Bruce Election Expenses 200.00 200.00

    20862 Alyssa Cooper 200.00 200.00

    20863 Marcia Bolinsky 200.00 200.00

Upon motion by Mr. Atkinson seconded by Mr. Mattei and carried the following reports and correspondence were

    ordered received and filed: Clerk/Registrar, Dog Licensing, Community Development and Tax Collector.

Correspondence:

    1. From The Landis Sewerage Authority ―Late Notice Journal‖ listing Meredith Farms, Block 6805 Lot 12

    Franklin Township as a delinquent customer, owing to the Authority $179,666.81 as of November 1, 2009.

    2. From NJ Dept. of Transportation, notifying the Township that NJDOT is unable to provide a Municipal Aid

    Grant for the Reconstruction of Weymouth Road, Section II. NJDOT encourages applying for the Fiscal Year

    2011 Municipal Aid Program.

    3. Notice of Re-Adoption Of The City Of Vineland Master Plan Reexamination Report And City Of Vineland

    Master Plan And Subsequent Amendments

    4. From the Township of Elk, notice of Adoption of the Environmental Resource Inventory as an amendment to

    the Master Plan of the Township of Elk.

Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

Upon motion by Mr. Ciancaglini seconded by Mr. Mattei and carried the Application For Blue Light Permit was

    ordered approved for Douglas G. Perry.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

Upon motion by Mr. Ciancaglini seconded by Mr. Atkinson and carried Junkyard Licenses were ordered approved

    for the following: Ralph‘s Body Shop, Forest Grove Motors, Russ‘ Used Auto Parts and Porchtown Recyclers, Inc.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

Upon motion by Mr. Atkinson seconded by Mr. Mattei and carried the Public Portion of the Township Committee

    meeting was ordered opened.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

Mr. Larry Griffie, 2401 Victoria Avenue, said he had written several emails to Mayor Petsch and he never answered

    them.

Mayor Petsch said he was correct.

Mr. Griffie proposed some changes to the Franklin Township TV Channel. He felt there was too much time

    between the scrolling messages and he would also like the Committee meetings be shown for the last four meetings

    at 6 pm.

Mayor Petsch acknowledged receiving 60 to 80 emails from Mr. Griffie and stated that everyone that had a request

    was forwarded to the correct committee, administrator, or department head. Mayor Petsch advised he followed up

    on every one to make sure they addressed the issue. Mayor Petsch stated he chose not to respond to the other emails

    because of the nature of them, he will not engage in a derogatory or vulgar conversation with anyone, whether

    verbally or through email.

Mayor Petsch said the TV Commission did respond but Mr. Griffie didn‘t like their answer. Mayor Petsch said the

    Township Committee doesn‘t want to micromanage the TV Commission, they make their own decisions.

Mr. Griffie stated the meetings are shown two nights a week, but you can watch the weather now on four stations

    and it is a waste of tax dollars.

Mayor Petsch answered that the TV station is not supported by tax dollars, it is supported by Comcast with a

    franchise obligation they have. The Township does not have a line item in the budget that supports the TV station.

Mr. Griffie said his complaint was that Mayor Petsch waited two months to forward the emails.

Mayor Petsch said it was forwarded, the TV Commission meets monthly, and they will make the determination.

Mr. Griffie asked how diversified is the Police Department.

Mayor Petsch answered there are three minority officers, one woman, one black and one hispanic.

Mr. Griffie felt that three out of 31 Police officers is not diversified enough.

Mayor Petsch asked Captain Howe about the last list of applicants who took the test and Captain Howe replied that

    60 people showed up for the test, it is open to everyone.

Mr. Griffie stated he has a problem with Committeeman Ciancaglini. Mr. Griffie said he came before the

    Committee in July and was told that was not the forum to discuss the problem, and asked what is the forum to you

    would want to discuss it? Mr. Griffie said he has an issue with Mr. Ciancaglini‘s integrity and he wants to discuss it.

Mayor Petsch said if Mr. Griffie has a question that pertains to this government and this governing body, ask the

    question. He said he won‘t give him an answer, it is not the business of the governing body. If he has an issue with

    an individual committee person he needs to address that issue, he will not provide him with counsel.

Mr. Griffie said he does not accept Mayor Petsch‘s answer.

Mayor Petsch said his emails are available to the public by OPRA. He also said he will not have a public debate

    over an individual.

Mr. Griffie again questioned when his email was received in reference to the TV Commission and when it was

    forwarded to Mr. Fey. Mr. Griffie said he has not received a reply from Mr. Fey.

Mr. Joe Nunes, 3300 Main Road, referred to an article he read that cast a shadow over the local Police Department.

    Mr. Nunes said he hoped no one qualified would be denied a Police Chief job.

Mr. Bill Fey, 127 Lakeview Avenue, again stated that funding for the TV station is from Comcast franchise fees.

    Mr. Fey said he did have conversations back and forth with Mr. Griffie, and that his emails became vulgar and he

    did not want to deal with a person like that. Mr. Fey felt that when we stand up to salute the flag, hats should be

    removed.

Mr. Pat Dougherty, 2041 Williamstown Road, thanked everyone for coming out during the election. He felt both

    sides worked hard, and he has talked to Mr. Genna. He looks forward to working with the Committee.

Mayor Petsch also said he talked with Mr. Genna, who is a complete gentleman.

Upon motion by Mr. Atkinson seconded by Mr. Mattei and carried the Public Portion was ordered closed.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

Upon motion by Mr. Atkinson seconded by Mr. Mattei and carried the Public Hearing on Ordinance O-17-09

    entitled ―Ordinance Authorizing The Expenditure Of Funds For Franklin Forest‖ was ordered opened.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

No comments were received.

Upon motion by Mr. Atkinson seconded by Mr. Mattei and carried the Public Hearing on Ordinance O-17-09 was

    ordered closed.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

Upon motion by Mr. Mattei seconded by Mr. Atkinson and carried Ordinance O-17-09 entitled ―Ordinance

    Authorizing The Expenditure Of Funds For Franklin Forest‖ was ordered adopted.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

    TOWNSHIP OF FRANKLIN

    AUTHORIZING THE EXPENDITURE OF FUNDS FOR FRANKLIN FOREST

    O-17-09

     WHEREAS, the Township of Franklin, County of Gloucester, State of New Jersey, is the recipient

    of funds from a Letter of Credit posted in favor of Jentsch & Jentsch in the amount of $23,540.45 (TWENTY

    THREE THOUSAND FIVE HUNDRED FORTY DOLLARS AND FORTY FIVE CENTS for Franklin Forest; and

     WHEREAS, it is appropriate for the Township Committee to grant authority through its Chief

    Financial Officer to expend the funds noted herein for the purpose so designated;

     WHEREAS, funds in the amount of $14,264.61 were already expended for that project and will be

    refunded to the appropriate budget line items; and

     WHEREAS, the balance of $9,275.84 needs to be appropriated to complete any additional work

    on this project;

     NOW THEREFORE BE IT ORDAINED, that the Township‘s Chief Financial Officer is hereby authorized to expend the funds for any additional work necessary on this project;

     BE IT FURTHER ORDAINED, that if any section, sentence, clause, provision or portion of this

    Ordinance shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, such holdings shall

    not effect or impair any other section, sentence, clause, provision or portion of this Ordinance.

     BE IT FURTHER ORDAINED, that this ordinance shall take effect immediately upon its final

    passage, adoption and publication provided by law.

ATTEST: TOWNSHIP OF FRANKLIN

____________________ ________________________

    Carolyn K. Toy, Clerk Joseph C. Petsch, Mayor

    CERTIFICATION

     I, Carolyn K. Toy, Clerk of the Township of Franklin, County of Gloucester, do hereby certify that the

    foregoing Ordinance was introduced at a regular meeting of the Township of Franklin held on Tuesday, October 13,

    2009, and thereafter duly advertised in the legal newspaper of the Township at least ten (10) days prior to it being

    considered for final passage and adoption at a subsequent meeting to be held on Tuesday, November 10, 2009 at

    which time any person interested therein will be given an opportunity to be heard.

     _____________________

     Carolyn K. Toy, Clerk

Upon motion by Mr. Atkinson seconded by Mr. Mattei and carried the Public Hearing on Ordinance O-18-09

    entitled ―Flood Damage Prevention Ordinance‖ was ordered opened.

    Atkinson-yes Mattei-yes Ciancaglini-yes Pfrommer-yes Petsch-yes

No comments were received.

Upon motion by Mr. Atkinson seconded by Mr. Mattei the Public Hearing on Ordinance O-18-09 was ordered

    closed.

    Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

Upon motion by Mr. Atkinson seconded by Mr. Mattei and carried Ordinance O-18-09 entitled ―Flood Damage

    Prevention Ordinance‖ was ordered adopted. Atkinson-yes Mattei-yes Ciancaglini-yes Petsch-yes

    TOWNSHIP OF FRANKLIN

    COUNTY OF GLOUCESTER

    0-18-09

    FLOOD DAMAGE PREVENTION ORDINANCE

    (60.3) D

     WHEREAS, the Township Committee of the Township of Franklin finds it necessary to repeal the existing

    Chapter 226 Flood Damage Protection of the Code of the Township of Franklin, and adopt the following Flood

    Damage Prevention Ordinance:

    SECTION 1.0

    STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES

1.1 STATUTORY AUTHORIZATION

    The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,et seq., delegated the responsibility to local

    governmental units to adopt regulations designed to promote public health, safety, and general welfare of its

    citizenry. Therefore, the Township Committee of the Township of Franklin, Gloucester County, New Jersey

    does ordain as follows:

1.2 FINDINGS OF FACT

    [1] The flood hazard areas of the Township of Franklin are subject to periodic inundation which results in loss

    of life and property, health and safety hazards, disruption of commerce and governmental services,

    extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of

    which adversely affect the public health, safety, and general welfare.

    [2] These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which

    increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses

    that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to

    the flood loss.

1.3 STATEMENT OF PURPOSE

    It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize

    public and private losses due to flood conditions in specific areas by provisions designed to:

    [1] Protect human life and health;

    [2] Minimize expenditure of public money for costly flood control projects;

    [3] Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the

    expense of the general public;

    [4] Minimize prolonged business interruptions;

    [5] Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and

    sewer lines, streets, bridges located in areas of special flood hazard;

    [6] Help maintain a stable tax base by providing for the second use and development of areas of special

    flood hazard so as to minimize future flood blight areas;

    [7] Ensure that potential buyers are notified that property is in an area of special flood hazard; and

    [8] Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

1.4 METHODS OF REDUCING FLOOD LOSSES

    In order to accomplish its purposes, this ordinance includes methods and provisions for:

    [1] Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or

    erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

    [2] Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against

    flood damage at the time of initial construction;

    [3] Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which

    help accommodate or channel flood waters;

    [4] Controlling filling, grading, dredging, and other development which may increase flood damage; and,

    [5] Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or

    which may increase flood hazards in other areas.

    SECTION 2.0

    DEFINITIONS

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the

    meaning they have in common usage and to give this ordinance its most reasonable application.

Appeal A request for a review of the Construction Code Official's interpretation of any provision of this

    ordinance or a request for a variance.

    Area of Shallow Flooding A designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate

    Map (DFIRM) with a one percent annual or greater chance of flooding to an average depth of one to three feet

    where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity

    flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard The land in the flood plain within a community subject to a one percent or greater

    chance of flooding in any given year.

Base Flood The flood having a one percent chance of being equaled or exceeded in any given year.

Basement Any area of the building having its floor subgrade (below ground level) on all sides.

    Breakaway Wall A wall that is not part of the structural support of the building and is intended through its design

    and construction to collapse under specific lateral loading forces without causing damage to the elevated portion

    of the building or supporting foundation system.

    Development Any man made change to improved or unimproved real estate, including but not limited to

    buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or

    storage of equipment or materials located within the area of special flood hazard.

Digital Flood Insurance Rate Map (DFIRM) The official map on which the Federal Insurance Administration has

    delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

    Elevated Building A non-basement building (i) built in the case of a building in an Area of Special Flood Hazard

    to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and

    piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the

    structural integrity of the building during a flood up to the magnitude of the base flood. In an Area of Special

    Flood Hazard "elevated building" also includes a building elevated by means of fill or solid foundation

    perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.

    Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land

    areas from:

    [1] The overflow of inland or tidal waters and/or

    [2] The unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Study (FIS) The official report in which the Federal Insurance Administration has provided

    flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

Floodplain Management Regulations Zoning ordinances, subdivision regulations, building codes, health

    regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control

    ordinance) and other applications of police power. The term describes such State or local regulations, in any

    combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

    Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order

    to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

    Highest Adjacent Grade The highest natural elevation of the ground surface prior to construction next to the

    proposed walls of a structure.

Historic Structure Any structure that is:

    [a] Listed individually in the National Register of Historic Places (a listing maintained by the Department of

    Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for

    individual listing on the National Register;

    [b] Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical

    significance of a registered historic district or a district preliminarily determined by the Secretary to qualify

    as a registered historic district;

    [c] Individually listed on a State inventory of historic places in States with historic preservation programs which

    have been approved by the Secretary of the Interior; or

    [d] Individually listed on a local inventory of historic places in communities with historic preservation programs

    that have been certified either:

    (1) By an approved State program as determined by the Secretary of the Interior; or

    (2) Directly by the Secretary of the Interior in States without approved programs.

    Lowest Floor The lowest floor of the lowest enclosed area [including basement]. An unfinished or flood resistant

    enclosure, useable solely for the parking of vehicles, building access or storage in an area other than a basement

    is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in

    violation of other applicable non-elevation design requirements.

Manufactured Home A structure, transportable in one or more sections, which is built on a permanent chassis and

    is designed for use with or without a permanent foundation when attached to the required utilities. The term

    "manufactured home" does not include a "recreational vehicle".

Manufactured Home Park or Manufactured Home Subdivision A parcel (or contiguous parcels) of land divided

    into two (2) or more manufactured home lots for rent or sale.

    New Construction Structures for which the start of construction commenced on or after the effective date of a

    floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision A manufactured home park or subdivision for which the

    construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at

    a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of

    concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by

    the municipality.

Recreational Vehicle A vehicle which is [i] built on a single chassis; [ii] 400 square feet or less when measured at

    the longest horizontal projections; [iii] designed to be self-propelled or permanently towable by a light duty

    truck; and [iv] designed primarily not for use as a permanent dwelling but as temporary living quarters for

    recreational, camping, travel, or seasonal use.

Start of Construction for other than new construction or substantial improvements under the Coastal Barrier

    Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was

    issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or

    other improvement was within 180 days of the permit date. The actual start means either the first placement of

    permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles,

    the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured

    home on a foundation.

    Permanent construction does not include land preparation, such as clearing, grading and filling nor

    does it include the installation of streets and/or walkways, nor does it include excavation for a basement,

    footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the

    property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main

    structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,

    ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions

    of the building.

    Structure A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally

    above ground.

Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to

    its condition before damage would equal or exceed 50 percent of the market value of the structure before the

    damage occurred.

Substantial Improvement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the

    cost of which exceeds 50 percent of the market value of the structure before the "start of construction" of the

    improvement. This term includes structures which have incurred "substantial damage", regardless of the actual

    repair work performed. The term does not, however, include either:

    [1] Any project for improvement of a structure to correct existing violations of State or local health,

    sanitary or safety code specifications which have been identified by the local code enforcement officer

    and which are the minimum necessary to assure safe living conditions; or

    [2] Any alteration of a "historic structure", provided that the alteration will not preclude the structure's

    continued designation as a "historic structure".

    Variance A grant of relief from the requirements of this ordinance that permits construction in a manner that

    would otherwise be prohibited by this ordinance.

    SECTION 3.0

    GENERAL PROVISIONS

3.1 LANDS TO WHICH THIS ORDINANCE APPLIES

This ordinance shall apply to all areas of special flood hazards within the jurisdiction of the Township of

    Franklin, Gloucester County, New Jersey.

    3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD

    The areas of special flood hazard for the Township of Franklin, Community No. 340202, are identified and

    defined on the following documents prepared by the Federal Emergency Management Agency:

    a) A scientific and engineering report ―Flood Insurance Study, Gloucester County, New Jersey (All

    Jurisdictions)‖ dated January 20, 2010.

    b) Flood Insurance Rate Map for Gloucester County, New Jersey (All Jurisdictions) as shown on Index and

    panel numbers 34015C0194E, 34015C0213E, 34015C0214E, 34015C0216E, 34015C0217E,

    34015C0218E, 34015C0219E, 34015C0238E, 34015C0257E, 34015C0276E, 34015C0277E,

    34015C0278E, 34015C0279E, 34015C0281E, 34015C0282E, 34015C0283E, 34015C0284E,

    34015C0291E, 34015C0292E, 34015C0294E, 34015C0305E, 34015C0306E, 34015C0308E,

    34015C0315E, 34015C0320E; whose effective date is January 20, 2010. The above documents are hereby adopted and declared to be a part of this ordinance. The Flood Insurance

    Study and maps are on file at 1571 Delsea Drive, Franklinville, New Jersey 08322.

    3.3 PENALTIES FOR NONCOMPLIANCE

    No structure or land shall hereafter be constructed, located, extended, converted, or altered without full

    compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this

    ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards

    established in connection with conditions) shall constitute a misdemeanor. Any person who violates this

    ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than

    $500.00 or imprisoned for not more than 180 days, or both, for each violation, and in addition shall pay all costs

    and expenses involved in the case. Nothing herein contained shall prevent the Township of Franklin from

    taking such other lawful action as is necessary to prevent or remedy any violation.

    3.4 ABROGATION AND GREATER RESTRICTIONS

    This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed

    restrictions. However, where this ordinance and other ordinance, easement, covenant, or deed restriction

    conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

    3.5 INTERPRETATION

    In the interpretation and application of this ordinance, all provisions shall be:

    [1] Considered as minimum requirements;

    [2] Liberally construed in favor of the governing body; and,

    [3] Deemed neither to limit nor repeal any other powers granted under State statutes.

    3.6 WARNING AND DISCLAIMER OF LIABILITY

    The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare

    occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that

    land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or

    flood damages.

    This ordinance shall not create liability on the part of the Township of Franklin, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on

    this ordinance or any administrative decision lawfully made thereunder.

    SECTION 4.0

    ADMINISTRATION

    4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT

    A Development Permit shall be obtained before construction or development begins within any area of special

    flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms

    furnished by the Construction Code Official and may include, but not be limited to; plans in duplicate drawn to

    scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed

    structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the

    following information is required:

    [1] Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

    [2] Elevation in relation to mean sea level to which any structure has been floodproofed.

    [3] Certification by a registered professional engineer or architect that the floodproofing methods for any

    nonresidential structure meet the floodproofing criteria in Section 5.2-2; and,

    [4] Description of the extent to which any watercourse will be altered or relocated as a result of proposed

    development.

    4.2 DESIGNATION OF THE LOCAL ADMINISTRATOR

    The Construction Code Official is hereby appointed to administer and implement this ordinance by granting or

    denying development permit applications in accordance with its provisions.

    4.3 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR

    Duties of the Construction Code Official shall include, but not be limited to:

    4.3-1 PERMIT REVIEW

[1] Review all development permits to determine that the permit requirements of this ordinance have been

    satisfied.

    [2] Review all development permits to determine that all necessary permits have been obtained from those

    Federal, State or local governmental agencies from which prior approval is required. [3] Review all development permits to determine if the proposed development is located in the floodway, assure

    that the encroachment provisions of Section 5.3[1] are met.

    4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA

    When base flood elevation and floodway data has not been provided in accordance with Section 3.2, BASIS

    FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Construction Code Official shall

    obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal,

    State or other source, in order to administer Sections 5.2-1, SPECIFIC STANDARDS, Residential Construction,

    and 5.2-2, SPECIFIC STANDARDS, Nonresidential Construction.

    4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED

    [1] Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement)

    of all new or substantially improved structures, and whether or not the structure contains a basement. [2] For all new or substantially improved floodproofed structures:

    [i] verify and record the actual elevation (in relation to mean sea level); and

    [ii] maintain the floodproofing certifications required in Section 4.1 (3). [3] Maintain for public inspection all records pertaining to the provisions of this ordinance.

    4.3-4 ALTERATION OF WATERCOURSES

    [1] Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and

    Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a

    watercourse, and submit evidence of such notification to the Federal Insurance Administration. [2] Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood

    carrying capacity is not diminished.

    4.3-5 INTERPRETATION OF FIRM BOUNDARIES

    Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood

    hazards (for example, where there appears to be a conflict between a mapped boundary and actual field

    conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to

    appeal the interpretation as provided in section 4.4.

    4.4 VARIANCE PROCEDURE

    4.4-1 APPEAL BOARD

    [1] The Zoning Board of Adjustment as established by the Township of Franklin shall hear and decide appeals

    and requests for variances from the requirements of this ordinance.

    [2] The Zoning Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any

    requirement, decision, or determination made by the Construction Code Official in the enforcement or

    administration of this ordinance.

    [3] Those aggrieved by the decision of the Zoning Board of Adjustment, or any taxpayer, may appeal such

    decision to the Superior Court, as provided in N.J.S.A. 40:55D-17.

    [4] In passing upon such applications, the Zoning Board of Adjustment, shall consider all technical evaluations,

    all relevant factors, standards specified in other sections of this ordinance, and:

    (i) the danger that materials may be swept onto other lands to the injury of others;

    (ii) the danger to life and property due to flooding or erosion damage;

    (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such

    damage on the individual owner;

    (iv) the importance of the services provided by the proposed facility to the community;

    (v) the necessity to the facility of a waterfront location, where applicable;

    (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion

    damage;

    (vii) the compatibility of the proposed use with existing and anticipated development;

    (viii) the relationship of the proposed use to the comprehensive plan and flood plain management program

    of that area;

    (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles;

    (x) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the

    effects of wave action, if applicable, expected at the site; and,

    (xi) the costs of providing governmental services during and after flood conditions, including maintenance

    and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets

    and bridges.

    [5] Upon consideration of the factors of Section 4.4-1 [4] and the purposes of this ordinance, the Zoning Board

    of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the

    purposes of this ordinance.

    [6] The Construction Code Official shall maintain the records of all appeal actions, including technical

    information, and report any variances to the Federal Insurance Administration upon request.

    4.4-2 CONDITIONS FOR VARIANCES

    [1] Generally, variances may be issued for new construction and substantial improvements to be erected on a lot

    of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed

    below the base flood level, providing items (i-xi) in SECTION 4.4-1[4] have been fully considered. As the

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