RESOLUTION OF SUPPORT BY THE FRANKLIN TOWNSHIP ENVIRONMENTAL COMMISSION SUPPORTING CONTINUATION OF THE CORPORATE BUSINESS TAX (CBT) AT 2023 RATE TO FUND CRITICAL OPEN SPACE, FARMLAND, HISTORIC PRESERVATION AND HAZARDOUS SITE CLEANUP FUNDING
     WHEREAS, in 2014 sixty-five percent (65%) of New Jersey voters approved amending the New Jersey Constitution to provide long term sustainable funding for open space (Green and Blue Acres), farmland and historic preservation by dedicating a portion of the Corporate Business Tax (CBT) to those programs; and

     WHEREAS, New Jersey voters’ high approval on every New Jersey open space ballot question since 1961 reflects their dedicated support for farmland, open space, and historic preservation; and

     WHEREAS, Franklin Township residents and businesses value open spaces, parks, forests, farms, and historic preservation yielding significant progress in preserving these critical assets in the municipality with over 35% of our lands preserved thus far; and

     WHEREAS, the Franklin Township Environmental Commission, working with Franklin Township’s Open Space Advisory Committee, Agricultural Advisory Committee, Trails Advisory Committee, and other stakeholders have identified numerous priority parcels for preservation; and

     WHEREAS, agriculture plays an integral role in the prosperity, agri-businesses, and well-being of “The Garden State” along with providing a fresh and abundant supply of food for its residents; and

     WHEREAS, in the most densely populated state in the nation, the Covid-19 pandemic proved the high value of New Jersey’s open space and recreational areas to the health and well-being of residents throughout New Jersey, especially those in urban towns and minority communities; and

     WHEREAS; Governor Murphy stated on Earth Day 2023 during final adoption of New Jersey’s Environmental Justice Rules, “we have worked incredibly hard to ensure that all people – regardless of income, race, ethnicity, or national origin – can enjoy their right to live, work, learn and recreate in a clean and healthy environment”; and

     WHEREAS, New Jersey is one of the original thirteen colonies, its historic preservation is significant to our nation’s history; and

      WHEREAS, open space is essential to protecting New Jersey residents and businesses from storm related flooding that results in loss of life and property and is increasing at an alarming rate due to climate change; and  

     WHEREAS, continuation of New Jersey’s CBT provides important and necessary funding for the acquisition, preservation and stewardship of open space, farmland and historic sites in New Jersey that protects and enhances the character and beauty of “The Garden State” while providing its citizens with opportunities for recreation, relaxation, and education; and

     WHEREAS, CBT funding provides long-term, sustainable funding to support communities with the remediation of hazardous sites known as brownfield, the cleanup of leaking underground storage tanks, and funds cleanups of hazardous spills; and

     WHEREAS, the proposed reduction in the CBT included in the 2024 New Jersey State Budget would slash approximately $60 million annually from vital open space, farmland, historic preservation, and remediation of hazardous sites known as brownfield, the cleanup of leaking underground storage tanks, and funds cleanups of hazardous spills; and

     WHEREAS, funding from the constitutionally dedicated funding has played and will be a critically important part of preserving the remaining parcels in Franklin Township when combined with the municipal and county open space funds.

     NOW, THEREFORE, BE IT RESOLVED by the Environmental Commission of the Township of Franklin, County of Somerset, State of New Jersey, that:

     1.  The Franklin Township Environmental Commission strongly urges the Legislature to maintain                the current 2023 level of Corporate Business Tax funding without reduction to provide                            continuous level funding for critical environmental and public health programs including                      critical  investments in open space preservation; and

     2.  A copy of this resolution will be forwarded to the Franklin Township Council, Governor Phil                   Murphy, State Treasurer Elizabeth Maher Muoio, State Senator Bob Smith, State                                       Assemblymembers Joe Danielsen and Joe Egan, New Jersey Senate President Nick Scutari,                 and New Jersey Assembly Speaker Craig Coughlin.   
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Passed Unanimously by the Franklin Township Environmental Commission October 16, 2023

RESOLUTION RECOMMENDING AMENDMENTS TO
FRANKLIN TOWNSHIP’S MUNICIPAL CODE –
SIGN ORDINANCE (§112:108-110), VARIANCE APPLICATION AND CHECKLIST (§112:28), AND
SITE PLAN APPLICATION AND CHECKLIST (§112:29) TO INCLUDE REQUIREMENTS FOR ANTI-IDLING SIGNAGE

     WHEREAS, in accordance with regulations established at N.J.A.C. 7:27-14 (“Control and Prohibition of Air Pollution from Diesel-Fueled Motor Vehicles”) and N.J.A.C. 7:27-15 (“Control and Prohibition of Air Pollution from Gasoline-Fueled Motor Vehicles”) (herein, “Anti-Idling Regulations”), the Township of Franklin has determined that amending the Sign Ordinance of the Municipal Code (§112:108-110), the Variance Application and Checklist (§112:28), and the Site Plan Application and Checklist (§112:29) to address the prohibition of motor vehicle idling is an important step in advancing the goals of the 1990 Federal Clean Air Act and improving local air quality; and

     WHEREAS, the proposed amendments to the Code add Township-specific requirements and restrictions to the State’s Anti-Idling Regulations, and stress the importance of local adherence to these regulations; and

     WHEREAS, on-road mobile sources of air pollution account for over 50% of New Jersey’s carbon monoxide emissions, over 20% of New Jersey’s volatile organic compounds emissions, and nearly 60% of New Jersey’s total noxious oxides emissions. Idling motor vehicles adds to these emissions, while concentrating emissions into a smaller area with more people in the vicinity; and

     WHEREAS, idling also leads to increased “wear and tear” on vehicles, waste of fuel, and the emission of greenhouse gases which significantly contribute to climate change; and

     WHEREAS, children, the elderly, and low-income families are especially vulnerable to emissions from on-road mobile sources and idling motor vehicles; and

     WHEREAS, education and enforcement of the Anti-Idling Regulations are the most effective strategies for discouraging idling and ultimately improving air quality in our community and the surrounding areas; and

     WHEREAS, at its August 21, 2023 meeting, the Franklin Township Environmental Commission drafted a memorandum to the Franklin Township Manager and Council (attached to this Resolution) detailing the specific areas of the Municipal Code for the recommended amendments, newly developed sites and existing facilities and sites with parking areas owned and/or operated by the Township of Franklin and/or the Franklin Township Board of Education that would be eligible for these requirements, where the anti-idling signage should be placed on the property, and the required language of the signage; and

     WHEREAS, the Township of Franklin understands the impacts of idling vehicles, and as such, will launch an anti-idling campaign, which includes:

▪Amending the Township’s Sign Ordinance to require the installation of anti-idling signage at specific newly developed site, as well as existing facilities and sites with parking areas owned and/or operated by the Township of Franklin and/or the Franklin Township Board of Education

▪Amending the Township’s Variance Application and Checklist, and the Site Plan Application and Checklist to include requirements for anti-idling signage, as well as specifications as established by the NJDEP and the Township’s existing Sign Ordinance

▪Establishing a public education and outreach strategy including the posting of the new requirements on the Township’s website, posting NJDEP’s sample pledges for anti-idling on the Environmental Commission’s webpage, and publishing information on social media, in the Franklin Times, and promoting anti-idling at Township events

▪Improving coordination with Somerset County’s Health Department, who has the authority to enforce the State’s Anti-Idling Regulations, to promote the timely enforcement of idling vehicles

NOW THEREFORE BE IT RESOLVED that the Environmental Commission of the Township of Franklin in Somerset County in the State of New Jersey, recommends:

▪Amending the Sign Ordinance of the Municipal Code (§112:108-110), the Variance Application and Checklist (§112:28), and the Site Plan Application and Checklist (§112:29) to include requirements for the installation of anti-idling signage at specific newly developed sites and at all existing facilities and sites with parking areas owned and/or operated by the Township of Franklin and/or the Franklin Township Board of Education, as detailed in the attached Memorandum to the Franklin Township Manager and Council, dated August 23, 2023.

▪The increased use of anti-idling signs at designated priority sites in Franklin Township

▪Improved coordination and cooperation with the Somerset County Health Department to enhance timely enforcement of State’s Anti-Idling Regulations.

Dated: September 18, 2023
The listed members voted in favor of this resolution.
Paul Walitsky, Chair Stanislav Jaracz
Robin Suydam. Vice Chair Jessica Johnson
Walter Andrews Maria Santiago -Valentin
Arnold W. Schmidt Eusebio Pires

RESOLTUION OF THE FRANKLIN TOWNSHIP ENVIRONMENTAL COMMISSION (SOMERSET COUNTY) SUPPORTING THE LOWER RARITAN WATERSHED PARTNERSHIP

     WHEREAS, the Franklin Township (Somerset County) Environmental Commission (herein, "FTEC") serves in an advisory role to the Franklin Township Council to oversee and provides public advice regarding sustainability issues in the municipality, and

     WHEREAS, the Lower Raritan River and the Lower Raritan Watershed is an asset to Franklin Township and its region; and

     WHEREAS, a substantial portion of Franklin Township land is within the boundaries of the Lower Raritan Watershed; and

     WHEREAS, the Lower Raritan Watershed Partnership (herein, "LRWP") is a cooperative effort of volunteer community “citizen scientists”, governmental agencies and academic entities working to conserve, enhance and restore the natural resources of the Lower Raritan Watershed; and

     WHEREAS, a primary goal of the LRWP is to establish and formalize a partnership effort including Federal, State, and Local government agencies, academic institutions, non-governmental organizations, community-based volunteer scientists and others to improve water quality throughout the entire Lower Raritan Watershed; and

     WHEREAS, the LRWWP has been partnering with the FTEC in the John Clyde Annual Stream Cleanups since 2018 and makes them substantially more impactful, encourages Franklin Township residents to participate in community volunteering, and educates the public about the importance of environmental stewardship; and

     WHEREAS, the environmental stewardship efforts of the LRWP will support the protection and preservation of habitat and biodiversity within the Raritan River ecosystem, providing recreational and natural assets for the benefit of the residents of the Franklin Township and the quality of life of all Franklin Township, residents; and

     WHEREAS, the restoration and protection of the watershed area that provides water to Franklin Township and to the Raritan River is a sound planning principle that should be promoted.

     NOW, THEREFORE BE IT RESOLVED that the Franklin Township Environmental Commission recognizes the Lower Raritan Watershed Partnership as an official and important partner in its Annual John Clyde Stream Cleanups.

      FURTHER BE IT RESOLVED that the Franklin Township Environmental Commission supports the Lower Raritan Watershed Partnership by recommending it for a municipal partnership, meaning that the Lower Raritan Watershed Partnership will be notified by the Franklin Township Environmental Commission on land-use matters that affect the Lower Raritan Watershed.

     FURTHER BE IT RESOLVED that Franklin Township Environmental Commission encourages its residents to work as active members of this Partnership to promote efforts to restore and protect the Lower Raritan Watershed.

     FURTHER BE IT RESOLVED that a copy of this resolution be provided to the Franklin Township Council and the Lower Raritan Watershed Partnership.

Unanimously Approved by the:
Franklin Township Environmental Commission Date: July 10, 2023

RESOLUTION BY THE FRANKLIN TOWNSHIP COUNCIL (SOMERSET COUNTY) IN SUPPORT OF THE “GREEN AMENDMENT” TO THE NEW JERSEY STATE CONSTITUTION

     WHEREAS, the right of New Jerseyans to clean water, air and a healthy environment is not given any protection in the State of New Jersey’s Constitution; and

     WHEREAS, while New Jersey has been known as a leader in environmental protection and natural resources conservation in the United States, there are still thousands of sites where pollution and contamination continue to adversely impact the environment and threaten the quality of our natural resources; and

     WHEREAS, the American Lung Association notes that 11 of New Jersey’s 21 counties received an “F” rating when comparing smog levels to health-based air quality standards; and

     WHEREAS, it is not unusual for New Jerseyans to wake up to news from the media with headlines and stories describing the threats to our public health; and

     WHEREAS, the biggest threat to New Jersey’s environment is climate change, causing sea level rise, increase in ambient temperatures, more severe storms, frequent flooding, negative impacts to individual and public health, and more; and

     WHEREAS, a clean and healthy environment is directly related to personal health and longevity, as well as the overall health and wellbeing of the community; and

     WHEREAS, in recognition of these facts, a bi-partisan bill has recently been introduced in the New Jersey Senate co-sponsored by Senators Greenstein and Zwicker (SCR 30) and in the New Jersey Assembly co-sponsored by Assemblymen McKeon, Benson and Mukherji (ACR 80) which states that:
“1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

“Amend Article I by adding a new paragraph 24 to read as follows:
“24. (a) Every person has a right to a clean and healthy environment, including pure water, clean air, and ecologically healthy habitats, and to the preservation of the natural, scenic, historic, and aesthetic qualities of the environment. The State shall not infringe upon these rights, by action or inaction.
(b) The State’s public natural resources, among them its waters, air, flora, fauna, climate, and public lands, are the common property of all the people, including present and future generations. The State shall serve as trustee of these resources and shall conserve and maintain them for the benefit of all people.
(c) This paragraph and the rights stated herein are (1) self-executing, and (2) shall be in addition to any rights conferred by the public trust doctrine or common law.

“2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at
least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly, and the Secretary of State, not less than three months prior to the
general election.

“3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:
“There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."; and 

     WHEREAS, the proposed ballot question would be asked in every municipality in New Jersey:

CONSTITUTIONAL AMENDMENT TO ENSURE THE PEOPLE’S ENVIRONMENTAL RIGHTS

“Do you approve amending the Constitution to grant every person the right to a clean and healthy environment? The amendment would also require the State to protect public natural resources.”; and

INTERPRETATIVE STATEMENT

“This amendment provides that every person has a constitutional right to a clean environment. This includes the right to clean air, pure water, and healthy habitats. The amendment would require the State to preserve public natural resources. The State would also be required to prevent others from destroying or damaging public natural resources.”; and

     WHEREAS, if the Resolution (SCR 30/ACR 80) is passed by the Senate and then the Assembly, and if it is agreed to by the voters in a public question ballot referendum, this “Green Amendment” will be added to the Bill of Rights of New Jersey State Constitution; and

     WHEREAS, the Council of the Township of Franklin (Somerset County) recognizes that clean water, air and a healthy environment protects the health and enhances the quality of the lives of all New Jersey residents, and that equitable access to the same should be the right of all people in our State.

     NOW THEREFORE BE IT RESOLVED that the Council of the Township of Franklin (Somerset County) hereby supports SCR 30 and its counterpart in the Assembly ACR 80 (“The Green Amendment”).

     BE IT FURTHER RESOLVED that the Council of the Township of Franklin (Somerset County) encourages its legislative delegation to support SCR 30 and ACR 80 for full passage by the Assembly and Senate so that the voters of the great State of New Jersey have this opportunity to add “The Green Amendment” to the New Jersey State Constitution and Bill of Rights.

     BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Township of Franklin’s (Somerset County) State Legislative Delegation and the Franklin Township Environmental Commission.

Memo Recommendation for Franklin Township Council to Support a Resolution of Support for “The Green Amendment” (SCR 30 and ACR 80)

RESOLUTION OF FRANKLIN TOWNSHIP
ENVIRONMENTAL COMMISSION
SOMERSET COUNTY

RESOLUTION CALLING FOR FOSSIL FUEL DIVESTMENT FROM THE NEW JERSEY STATE PENSION PLANS

WHEREAS, the international scientific and political communities have widely accepted that the burning of fossil fuels, which releases harmful emissions of CO₂ and other greenhouse gases, is the main driver of global climate change with its corresponding harmful impacts on our natural environment; and

WHEREAS, the October 2018 United Nations Intergovernmental Panel on Climate Change  Special Report highlights the urgent need for immediate actions to sharply reduce fossil fuel use and the report concludes that absent aggressive action, many effects once expected decades in the future will arrive by 2040 and that global net human-caused emissions of greenhouse gases need to fall by 45 percent from 2010 levels by 2030 to avoid catastrophic climate change; and

WHEREAS, United States President Joseph Biden and New Jersey Governor Philip Murphy have identified climate change as an existential threat to humanity in need of bold and aggressive action; and

WHEREAS, Franklin Council Resolution #17-221 from 6/13/2017 calls to join with world leaders in pursuing ambitious climate goals, working together to ensure that the United States remains in practice a global leader in reducing carbon dioxide emissions in order to limit climate change, accelerating the transmission to a clean energy economy that will benefit our security, prosperity and health; and

WHEREAS, the United States has rejoined in January 2021 the Paris Climate Agreement and the international community to address this global threat; and

WHEREAS, New Jersey is among the most vulnerable states to the impacts of rising temperatures, sea level rise, increased flooding and numerous other adverse impacts of climate change, with potentially disastrous consequences for public health and safety, as well as for the social and economic vitality of the State; and

WHEREAS, in order to curtail the serious impacts of global climate change caused by greenhouse gas emissions, New Jersey must shift away from its reliance on fossil fuels as a primary energy source and turn to clean and renewable energy sources and energy storage; and    

WHEREAS, the New Jersey Department of Environmental Protection published “2020 New Jersey: Scientific Report on Climate Change” which catalogs the statewide impacts  of climate change and states that it is unlikely our planet will be able to stay under the two-degree Celsius limit needed to avoid a global catastrophe; and  

WHEREAS, Franklin Township was severely impacted by Hurricanes Irene, Sandy and Isaias including power outages, severe flooding and property damage that caused heavy losses to  the Township’s economy; and

WHEREAS, the oil and gas sector has been the worst performing sector of the Standard & Poor’s 500 for the last decade and although in the 1980’s it accounted for 28% of the value of that index, today it represents just 2.5% and is the smallest sector in that investment index; and

WHEREAS, the oil and gas sector’s decline indicate a negative trend for fossil fuels as the global economy turns away from fossil fuels and towards a low carbon future; and

WHEREAS, Fossil-Free investment portfolios have performed as well and even better than those with oil and gas stocks; and 

WHEREAS, fossil fuel divestment is one approach to reducing the emissions of greenhouse gases from the burning of fossil fuels by removing the financial underwriting of the fossil fuel sector; and

WHEREAS, more than 1200 institutional portfolios, including faith based, universities, governments and pension plans have already divested or have committed to divest their portfolios totaling more than $14 trillion of assets under management; and

WHEREAS, New York State Comptroller Thomas DiNapoli, who is the fiduciary for the best funded State pension in the country, worth $226 billion, announced in December 2020 that his plan over the next four years will be divesting from the riskiest fossil fuel investments and further committed to decarbonize the entire portfolio by 2040, setting an international standard for protecting the value of long-term sustainability of retiree plans; and 

WHEREAS, Franklin Township has employees enrolled in the New Jersey State PERS Pension Fund; and

WHEREAS, Franklin Township taxpayers contribute both their local and state taxes to fund the pensions of both the Township municipal employees and pension recipients in general; 

THEREFORE, BE IT RESOLVED, that the Franklin Township Environmental Commission makes it be known by passing this Resolution that it supports divestment from fossil fuel companies as one way of addressing and reducing the impacts of climate change and simultaneously preserving the value of Franklin Township employees PERS retiree fund; 

AND BE IT FURTHER RESOLVED, that the Franklin Township Environmental Commission recommends that the Franklin Township Council calls on the State Investment Council and the Division of Investment, which oversees PERS to commit to a Climate Action Plan that includes the divestment of fossil fuel investment to start as soon as possible but not longer than three years from the date of this Resolution.

AND FINALLY BE IT RESOLVED, that a certified copy of this resolution be sent by the Franklin Township Clerk to the following: Franklin Township Council, Governor Phil Murphy, Treasurer Elizabeth Maher Muoio, Chairman Deepak Raj of the State Investment Council, Vice Chairman Adam Liebtag of the State Investment Council and Acting Director Shoaib Khan of the Division of Investment.

Dated: August 2^nd 2021

The listed members voted in favor of this resolution.  

Walter Andrews , Chair

Paul Walitsky, Vice Chair

Arnold W. Schmidt

Stanislav Jaracz

Jessica Johnson

Robin Suydam

Maria Santiago Valentin

RESOLUTION OF THE FRANKLIN TOWNSHIP
(SOMERSET COUNTY)
ENVIRONMENTAL COMMISSION

RESOLUTION TO SUPPORT sustainable state funding for preservation and stewardship of open space, parks, farmland and historic sites in New Jersey

WHEREAS, New Jersey has a long and successful history of preserving open space, parks, farmland, and historic sites; and

WHEREAS, the Green Acres Program has helped to preserve over 650,000 acres of land and supported more than 1,100 park development projects over the past 50 years; the State Agricultural Development Committee has preserved 200,000 acres of farmland over the past 30 years; and the Historic Trust has preserved 477 historic sites over the past 45 years; and

WHEREAS, all remaining funds for these programs under the Green Acres, Water Supply and Floodplain Protection, Farmland and Historic Preservation Bond Act of 2009 were fully allocated by the end of 2012; and

WHEREAS, Franklin Township has been a direct beneficiary of, and partner to, these critical state preservation programs; and

WHEREAS, substantial unmet needs remain for additional land and water protection, park development, and farmland and historic preservation, for the health and welfare of our communities and residents; and

WHEREAS, it is imperative that a long-term, dedicated source of funding be established in order to:

• sustain open space, farmland, and historic preservation programs beyond the 2009 Bond Act
• improve and ensure proper stewardship of parks, preserved lands, and historic sites
• provide equitable access to quality parks and recreation in urban, suburban, and rural areas
• match and leverage local, county, and private funds for these purposes
• protect drinking water supplies, water quality, and alleviate costly flood damages
• preserve fish and wildlife habitat and provide public access for hunting and fishing
• revitalize cities and towns
• protect our quality of life and economic prosperity.

NOW, THEREFORE, BE IT RESOLVED that the Environmental Commission of the Township of Franklin, Somerset County, State of New Jersey supports establishment of a long-term, dedicated source of state funding for these purposes. The Environmental Commission joins the Mayor and Township Council with this Resolution, and recommends that it be forwarded to the Governor and appropriate members of the State Senate and Assembly.

Adopted February 4, 2013 by unanimous vote of the Environmental Commission.

RESOLUTION OF THE FRANKLIN TOWNSHIP
(SOMERSET COUNTY)
ENVIRONMENTAL COMMISSION

RESOLUTION TO OPPOSE revisions to the township code, ordinance #2971-12 that would allow digital billboards in Franklin Township.

WHEREAS, the primary objective of the Environmental Commission is to advise the governing bodies, planning boards, zoning boards of adjustment and boards of health on environmental issues including preserving and protecting the natural resources of the Township as well as the impact of proposed developments and ordinances within the Township; and

WHEREAS, The Bell v. Stafford decision essentially stated that billboards cannot be banned unless suitable reasons are provided; and

WHEREAS, Franklin’s legitimate interests to ban digital billboards include traffic and public safety, quality of life, property values and aesthetics; and

WHEREAS, In September 2011 the U.S District Court in Camden ruled in favor of Mount Laurel, upholding its ordinance banning billboards based on traffic safety and aesthetics; and

WHEREAS, On February 28th the Township Council heard testimony from a retired Franklin Township police officer about the multitude of accidents he responded to in the exit 10 area of Route 287, some of which resulted in deaths, most recently two in November 2011; and

WHEREAS, Billboard executives have been widely quoted about their intent to create ads that will divert our attention from the road and the cars around us and at least one study showed that drivers take their eyes off the road for two seconds or longer to view digital billboards twice as frequently then they do to view static billboards and another recent study showed that a two second distraction of any kind more than doubles the risk of a crash or a near crash; and

WHEREAS, The State of NJ spends a considerable amount of taxpayers’ dollars warning us about distracted driver issues and a digital billboard at or near Exit 10 would be contrary to this effort; and

WHEREAS, Franklin’s ordinance states, “Illuminating lights shall be arranged so as to direct illumination only towards the billboard display area and to reduce over glow and glare. Illuminating lights shall be arranged so that over glow and glare shall not be visible from any residential properties at any time of the year.” Dozens of Franklin homes, if not many more, on the northbound side of 287, will be affected by the lights and glare from a digital billboard, which would be a violation of our ordinance; and

WHEREAS, Properties on the northbound side of Route 287 would be devalued by a digital billboards’ presence, which will subsequently reduce the value of the surrounding properties and also greatly diminish the quality of life of the families who make these properties their homes; and

WHEREAS, Quality of life issues cannot and should not be measured in dollars; and

WHEREAS, The First Amendment does not assure absolute free speech. Public displays of pornography, profanity, slander or yelling “fire!” in a movie theater are examples of speech which is not protected; and

WHEREAS, Two years ago the Council drafted and approved an ordinance that the township attorney said would withstand a law suit even though it did not allow digital billboards; and
WHEREAS, Exit 10 is the gateway to Franklin, a large digital billboard is aesthetically unpleasant and not what we want people to see and base their first impression of our town upon.

NOW THEREFORE BE IT RESOLVED that the Environmental Commission of the Township of Franklin, Somerset County, State of New Jersey, opposes ordinance #2971-12 revisions that would allow digital billboards in Franklin Township.

Adopted April 2, 2012 by vote of the Environmental Commission.

The listed members voted unanimously in favor of this resolution. Commission member John Clyde was absent at the time of the vote.

Arnold Vernick, PE., Chairman
Arnold W. Schmidt, Vice Chair
David Triggs
Dianne Pydeski
Paul Walitsky
Cecile MacIvor
Walter Andrews
Timothy Biercz

RESOLUTION CALLING FOR A BAN ON FRACKING

Resolution #12-109
February 28, 2012

WHEREAS, Franklin Township’s water supply comes partially from the Delaware River via the Delaware and Raritan Canal; and

WHEREAS, Franklin Township passed a resolution on June 14, 2011 in support of a statewide and national ban on fracking and banning the disposal of dangerous fracking waste in New Jersey and preventing our drinking water supplies from being depleted for fracking; and

WHEREAS, the NJ legislature passed a ban on fracking that was conditionally vetoed by the Governor in favor of a one-year moratorium that went into effect in January 2012 and is set to expire in January 2013; and

WHEREAS, since the passage of our original resolution, that case for a ban on fracking is strengthened by reports of fracking fluids in an aquifer in Pavilion Wyoming, and separate incidents involving earthquakes in Ohio linked to fracking waste disposal using injection wells; and

WHEREAS there have been reports of radioactive material from fracking waste that have been discharged into waterways; and

WHEREAS, extracting natural gas from shale formations involves the use of chemicals and hazardous materials during construction, drilling, hydraulic fracturing, gas production and delivery, well maintenance, and work over operations; and

WHEREAS, municipal wastewater treatment plants are not equipped to treat industrial fracking waste, and there are no industrial waste treatment plants in New Jersey currently capable of safely treating fracking waste; and

WHEREAS, hydraulic fracturing of underground geologic formations is often accomplished by injecting a complex mix of fluids and chemicals, including large volumes of water, on average 4.5 million gallons per well, under very high pressure to create fractures in gas bearing geologic
formations; and

WHEREAS, use of these hydraulic fracturing mixes exposed adjacent land and surface waters to the risk of contamination through open pit storage, truck transport on roadways, and activities during well development; and

WHEREAS, blowouts, leaks and spills, including those involving trucks carrying fracking wastewater, occur and pose additional problems for emergency responders and HAZMAT teams when they are unable to ascertain rapidly the chemicals entering waterways; and

WHEREAS, because each fracking company using different mixtures of toxins in their proprietary blends of fracking fluids, and due to unknown contaminants being pulled from the earth’s crust, each batch of fracking waste will have a different chemical composition; and

WHEREAS smog from emissions containing volatile organic compounds has dramatically increased in areas where fracking is occurring and poses a serious health risk to New Jerseyans; and

WHEREAS, in 2005, as part of the federal Energy Policy Act and over objections of health care, scientific, environmental, and conservation communities, regulation of hydraulic fracturing fluids under the Safe Drinking Water Act by the Environmental Protection Agency was exempted, thereby
allowing oil and gas companies to use these substances without federal oversight or standards; and

WHEREAS, oil and gas companies are not individually required by federal law to publicly disclose chemical formulas of hydraulic fracturing fluids so that this information is publicly available for health and safety purposes; and

WHEREAS, the Fracturing Responsibility and Awareness of Chemicals Act (“FRAC Act”), which is currently pending in Congress, would repeal the fracking exemption from the Safe Drinking Water Act and require disclosure of chemicals used in fracking; and

WHEREAS, the NATGAS Act is currently pending before Congress and would create artificial demand for gas by providing billions of dollars in subsidies to the gas industry to establish a natural gas infrastructure, further promoting fracking; and

WHEREAS, three pipelines are expanding into NJ passing through densely populated communities like Jersey City and rural communities throughout the NJ Highlands, encompassing protected areas paid for and owned by the people of New Jersey; and

WHEREAS, proposed pipelines will be used to bring fracked gas to market, much of which will end up overseas where prices are three to six times higher than in the United States; and

WHEREAS, Franklin Township respects the irreplaceable value of its
forests and watersheds and places the health and safety of its residents
above the short term interests of a highly-polluting industry; and

WHEREAS, Franklin Township is concerned for communities who have lost local autonomy and municipal rights to create environmental and public health protections more effective than state standards when the Pennsylvania legislature passed SB1100/HB1950, effectively preventing
communities in Pennsylvania from adopting local fracking bans;

NOW, THEREFORE, BE IT RESOLVED, that on the 28th day of February 2012, Franklin Township continues to support and call for a statewide and national ban on hydraulic fracturing for natural gas, banning the treatment, disposal and storage of dangerous fracking waste in New Jersey and preventing our drinking water supplies from being used for fracking;

AND BE IT FURTHER RESOLVED, that Franklin Township opposes the NATGAS Act.

AND BE IT FURTHER RESOLVED that Franklin Township will send a copy of this resolution to our Congressional Representative and US Senators urging them to oppose the NATGAS Act (S.1863/H.R.1380), support the FRAC Act and support a national ban on fracking.

AND BE IT FURTHER RESOLVED that Franklin Township will send a copy of this resolution to NJ Governor Chris Christie and our NJ State Assemblypersons and Senators urging them to support a statewide ban on fracking (A567/S246), and support legislation that would ban on the
treatment, processing, disposal, or storage of fracking waste in NJ.

OLD-Calling for a ban on Fracking

RESOLUTION OF INTENT TO MAKE FRANKLIN TOWNSHIP A SUSTAINABLE
COMMUNITY

WHEREAS, land use is an essential component of overall sustainability for a municipality;

WHEREAS, poor land-use decisions can lead to and increase societal ills such as decreased mobility, high housing costs, higher taxes, increased greenhouse gas emissions, loss of open space and the degradation of natural resources.

WHEREAS, well planned land use can create transportation choices, provide for a range of housing options, create walkable communities, preserve open space and allow for continued use of vital natural resources;

WHEREAS, given New Jersey’s strong tradition of home rule and local authority over planning and zoning, achieving a statewide sustainable land use pattern will require municipalities to take the lead;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset, New Jersey, that the Township resolves to take the following steps with regard to our municipal land use decisions with the intent of making Franklin Township a truly sustainable community. It is our intent to include these principles in the next master plan revision and to update our zoning accordingly.

I. Facilities Siting - We pledge, to the extent feasible, to take into consideration factors such as walkability, bikability, access to public transit and proximity to other uses when siting new or relocated municipal facilities. The actions of a municipality when locating their own facilities can set a positive precedent and encourage other public and private sector entities to take sustainable land use considerations into account when locating their own facilities.

II. Housing Variety - We pledge, through the use of our zoning and revenue generation powers, to foster a diverse mix of housing types to meet the needs of people from all ages and walks of life. A variety of housing options, from single family homes to one bedroom apartments, including housing affordable to people with low, moderate and middle incomes, is vital to allow residents to live and work in a municipality through various stages of their lives.

III. Natural Resource Preservation - We pledge to preserve open space and create recreational opportunities within our municipality. As the most densely populated state in the nation, open space in New Jersey is at a premium. Preserving what is left of our open space, for its ecological and recreational value, is critical for a sustainable future. Further, if feasible, we pledge to regularly update our Natural Resources Inventory to identify and assess the extent of our natural resources and to link natural resource management and protection to carrying capacity analysis and land use
planning and zoning.

IV. Transportation Choices - We pledge to create public transportation choices within our municipality by considering all modes of transportation, including walking, biking, transit and automobiles, when planning transportation projects. Given that emissions from transportation, mainly passenger cars, make up the largest share of the state’s carbon footprint, creating transportation alternatives at the local level is critical to reducing the state’s overall carbon footprint.

V. Mix of Uses - We pledge to use our zoning power to allow for a mix of uses in areas that make the most sense for our municipality and the region. Development is not needed in every municipality. However where development makes sense, land-use patterns that segregate uses such as commercial and residential create an environment where the only feasible mode of transportation is the automobile. Allowing for a mix of compatible land uses can help reduce the necessity of driving by allowing people to walk to various destinations.

VI. Green Design - We pledge to encourage the incorporation of the principles of green design and renewable energy generation when updating our site plan and subdivision requirements. Green design strategies not only improve the environmental performance of buildings but lessen the impact of those buildings on the surrounding environment. Such strategies include energy efficiency, water conservation, indoor environmental quality, use of recycled renewable materials, construction waste reduction, reduced auto use, tree preservation, native planting, and avoidance of environmentally sensitive features.

VII. Regional Cooperation - We pledge to reach out to administrations of our neighboring municipalities concerning land-use decisions, and to take into consideration their concerns when making regional level land-use decisions. Local land-use decisions can often have regional impacts, even though they are decided exclusively by one municipality. For example, a large mall built in one municipality can affect traffic and retail opportunities in neighboring towns.

VIII. Parking Regulations - We pledge to reevaluate our parking requirements with the goal of limiting the amount of required impervious parking spaces and promoting shared parking. In areas where walking, biking, and public transit are possible, stringent parking requirements can hinder the goal of creating vibrant centers that have a critical mass or people to support local arts, shopping, and other services. Flexible parking requirements decrease the amount of land dedicated to parking lots, storm water runoff, land clearing, and heat island effects, while promoting transportation alternatives to individual automobile use. We will evaluate areas to install safe and secure bicycle parking and when and where applicable we will evaluate parking revenues, where fees for parking may be implemented or needs to be implemented.

Resolution supporting participation in the Sustainable Jersey

WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic and social objectives are balanced and mutually supportive; and

WHEREAS, the Township of Franklin strives to save tax dollars, assure clean land, air and water, improve working and living environments as steps to building a sustainable community that will thrive well into the new century; and

WHEREAS, the Township of Franklin hereby acknowledges that the residents of the Township desire a stable, sustainable future for themselves and future generations; and

WHEREAS, the Township of Franklin wishes to support a model of government which benefits our residents now and far into the future by exploring and adopting sustainable, economically-sound, local government practices; and

WHEREAS, by endorsing a sustainable path, the Township of Franklin is pledging to educate itself and community members further about sustainable activities and to develop initiatives supporting sustainable local government practices; and

WHEREAS, as elected representatives of the Township of Franklin, we have a significant responsibility to provide leadership which will seek community-based sustainable solutions to strengthen our community;

NOW, THEREFORE, BE IT RESOLVED that to focus attention and effort within the Township of Franklin on matters of sustainability, the Township Council wishes to pursue local initiatives and actions that will lead to Sustainable Jersey Municipal Certification;

BE IT FURTHER RESOLVED by the Township Council of the Township of Franklin that we do hereby authorize the Dr, Theodore Chase of the Environmental Commission to service as the Township’s agent for the Sustainable Jersey Municipal Certification process and authorize him to complete the Municipal Registration on behalf of the Township of Franklin.

CERTIFICATION
I, Ann Marie McCarthy, Clerk of the Township of Franklin, in the County of Somerset, do hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the Township Council at a regular meeting held on the day of March 2009.

IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of said Township this
day of March 2009.

Ann Marie McCarthy
Township Clerk

Resolution #09-103
March 10, 2009

Resolution to oppose the Edgewood Properties development proposal for the area bounded by Bennetts Lane, Route 27 and Veronica Avenue and to recommend rezoning this as a conservation district if possible.

WHEREAS, the primary objective of the Environmental Commission is to advise the governing bodies, planning boards, zoning boards of adjustment and boards of health on environmental issues including preserving and protecting the natural resources of the Township as well as the impact of proposed developments within the Township; and

WHEREAS, expert testimony was presented to the Planning Board on January 18, 2006 regarding the extensive environmental constraints prohibiting such magnitude of high-density development on subject property, including C-1 streams and headwaters, wetlands of exceptional resource value and flood plains; and

WHEREAS, such qualified experts recommend the property be classified as a conservation district rather than be developed for high-density housing; and

WHEREAS, the Environmental Commission believes that wetlands and wetland buffers, flood plains and flood plain buffers, C-1 stream buffers, and land in Planning Area 3 should be excluded from the lot area in computing the building density allowable on the site, reducing the acreage available for high-density residential housing to approximately 20 acres; and

WHEREAS, the Edgewood Properties concept plan does not take these environmental qualities that limit the appropriateness of development into account; and

WHEREAS, the Planning Board of the Township of Franklin on December 7, 2005 adopted an alternative Housing Element/Fair Share Plan that provides sufficient affordable housing without the inclusion of the environmentally sensitive Bennett’s Lane/Veronica Avenue site; and

WHEREAS, a joint subcommittee of the Franklin Township Planning Board and Franklin Township Council met on January 26, 2006; and

WHEREAS, it is further our understanding that the joint subcommittee, at the direction of the Township attorney, in its deliberations chose to disregard the December 7, 2005 official “Letter of Interpretation” from the NJDEP acknowledging the existence of the endangered red-shouldered hawk and the subsequent upgrading of the wetlands status on the subject property; and

WHEREAS, the joint subcommittee recommended that the Edgewood Properties, Bennett’s Lane/Veronica Avenue project, modified to provide 644 housing units, be included in the township’s Housing Element/Fair Share Plan; and

WHEREAS, the Planning Board met again on February 1, 2006 and based on the subcommittee’s recommendation they voted to reverse their decision by recommending to the Town Council that the Edgewood Properties proposal be included in the township’s Housing Element/ Fair Share Plan; and

WHEREAS, the Town Council met on February 8, 2006 and voted to accept the Planning Boards recommendation to include the Edgewood Properties proposed plan to be included in the township’s Housing Element/Fair Share Plan.

NOW THEREFORE BE IT RESOLVED that the Environmental Commission of the Township of Franklin, Somerset County, State of New Jersey, opposes the inclusion of the Edgewood Properties plan for high density housing and commercial development in the area bounded by Bennetts Lane, Route 27 and Veronica Avenue, as it was voted for by the Township Council on February 8, 2006, for the Township’s Housing Element/Fair Share Plan. The Environmental Commission further recommends rezoning this environmentally sensitive area as a conservation district or if this is not possible to reduce the permissible density to better address environmental and traffic concerns while making the scope of the development consistent with the sensitivity of the environmental issues.

Adopted March 13, 2006 by vote of the Environmental Commission.

The listed members voted in favor of this resolution with Dr. Theodore Chase, Jr. abstaining. John Clyde was absent at the time of the vote.

Arnold W. Schmidt, Chairman
Barbara Beringer
Jean Gierlich
David Triggs
Arnold Vernick, PE
Dianne Pydeski

Resolution in opposition to Somerset County construction facilities for Active Recreation using money specifically designated to be used to purchase land for open space.

WHEREAS, The Franklin Township Environmental Commission has long been an advocate for the preservation of Open Space; and

WHEREAS, Urban and suburban sprawl has consumed vast expanses of Open Space and the natural resources of Somerset County in recent years, destroying bucolic view sheds and threatening fragile ground water and surface water supplies; and

WHEREAS, Funding to purchase Open Spaces was voted on and approved by the residents of Somerset County to preserve Somerset County land for the express purpose of passive recreation; and

WHEREAS, The Somerset County Freeholders are considering using said monies to construct facilities for active recreation; and

WHEREAS, The use of said monies would decrease the County's capability to purchase land, for Open Space application, when it becomes available; and

WHEREAS, The use of said Open Spaces should be managed with Open Space monies to maintain passive recreation (e.g. trail construction, removing multiflora rose etc.) but not for construction of active recreation facilities (e.g. buildings, tennis courts, golf courses etc.) as voted upon by Somerset County residents; and

WHEREAS, If this proposed use of Open Space monies is agreed upon by the Somerset County Freeholders, a vote, by Somerset County residents should be required to change the original agreed/voted upon use of said monies; and

NOW THEREFORE BE IT RESOLVED, That the Franklin Township Environmental Commission hereby opposes the use of the specifically designated Open Space monies to be used for anything but the purchase ofland for Open Space and the maintenance of said land for passive recreation.

Adopted August 8, 2005, by unanimous vote of the Environmental Commission.

Commission Members

Arnold Schmidt, Chairman

Barbara Beringer

Dr. Theodore Chase

John Clyde

Andrew Cozzi

Jean Gierlich

David Triggs

Resolution on the provision of Environmental Science courses in Franklin High School

WHEREAS, The Franklin Township Environmental Commission is appointed by the Township Council to evaluate and make recommendations on issues in the township which impact the quality of our environment; and

WHEREAS, The Franklin Township Environmental Commission members often learn of situations wherein residents take certain actions which may degrade our environment; and

WHEREAS, Such actions may be considered insignificant or harmless by many citizens of the township; and

WHEREAS, Acceptance of these actions as insignificant or harmless reflects a lack of knowledge and awareness of basic environmental principles; and

WHEREAS, Knowledge and awareness of such basic environmental principles is critical to the future protection of our natural resources and public health; and

WHEREAS, Knowledge and awareness of such basic environmental principles may result in a change in behavior by residents which may reduce or eliminate the degradation of our environment; and

WHEREAS, Such a change in behavior may enhance the quality of life and health for all citizens; and

WHEREAS, Franklin High School holds a pivotal role in the development of responsible citizens who depend on the environment both now and into the future; be it

RESOLVED, That the Franklin Township Environmental Commission fully supports any and all Environmental Science education at Franklin High School; and, be it further

RESOLVED, That the Franklin Township Environmental Commission recommends that a basic Environmental Science course be provided to every student at Franklin High School as a science requirement; and, be it further

RESOLVED, That an advanced Environmental Science course be offered to students at Franklin High School as a science elective; and, be it further

RESOLVED, That this resolution be forwarded to the Principal of Franklin High School, to the Superintendent of Franklin Township Public Schools, to the Members of the Franklin Township Board of Education, and to others as appropriate.

Adopted by the Franklin Township Environmental Commission, July 11, 2005