§115-23. Compliance.
All
uses and activities established after the effective date of this chapter shall
comply with the following standards.
§115-24. Natural resource mapping.
All
applicants for subdivisions, site plan approvals
or building permits, except for those seeking
to create a rural estate residence (Use B-16) or a 15 acre minor subdivision (Use
B-19), shall include maps delineating the natural and historic resources
defined within this chapter.
§115-25. Natural and historic resources.
[Amended 4-12-1995].
The
design of any subdivision plan, except for
B-16, or site plan approval shall minimize any
adverse impact on the following natural resource and historic resources. These
items include environmental elements relating to the protection of watercourses
and streams, one-hundred-year floodplain, floodplain
soils, lakes, ponds, freshwater wetlands, topography and steep slopes, significant vistas and
views, soil and animal life, preservation of
significant trees, woodland associations of floodplains, swamps, Meisic Upland
and Lowland, and Upland trees, the preservation of agricultural soils, Classes 1, H and III, historic and cultural sites and
structures as identified in the Master Plan
and/or as found in any adopted Hunterdon County Master Plan or Alexandria Master Plan
or as listed on the State or National Registry of Historic Places. Natural
Resource Inventory, Master Plan and
environmental impact information shall be used in reviewing the design
character of development in areas having these
natural and historic characteristics, all of which shall be mapped in
accordance with §115-24 of this chapter.
§115-26.Lot area requirements and
environmental resources. [Amended 4-12-1995]
Each
residential lot developed without public sewer
shall have a contiguous area of not less than
1.5 acres which is free of freshwater wetlands
and the one-hundred-year floodplain.
Within
the unconstrained 1.5 acres, it must be demonstrated to the satisfaction of the
Planning Board that for each proposed lot, [where] a dwelling, well
and area for two septic fields may be located. One septic field is to be the
primary field, and the second shall be an alternate in case of original septic
field failure. The location and placement of well and septic fields shall
conform to the requirements of this chapter and state regulations.
§115-27. Natural resource restrictions.
A.
General.
(1)
The natural resource
restrictions herein shall apply to all uses.
(2)
Site alterations, regrading, filling or clearing of vegetation prior to
approval of final plan by the Planning Board
shall be a violation of this chapter. However, this section shall not prohibit
any land management practices that may be
necessary for the ecological improvement of any stream, pond, lake or wetland,
or for forest production, provided that all applicable permits have been
obtained from the New Jersey Department of Environmental Protection.
(3)
Areas with natural
resource restrictions should, to the greatest extent possible, be left
undisturbed and not occupied by structures, driveways, on-lot septic systems or other improvements. Preservation of critical environmental features will take
precedence over prime agricultural soils in
designing the location of development within a
property after site capability calculations are determined [Amended 7-13-1988;
4-12-1995].
B.
Requirements for all
uses.
(1)
Floodplain and floodplain
soils. All such lands shall remain as open
space. No structures, filing, piping, diverting or stormwater
detention basins shall be permitted within the floodplain, unless the use, activity
or development occurring in the floodplain is in strict compliance with §115-29 of this chapter and
all other applicable codes and ordinances.
(2)
Lakes, ponds and wetlands. These areas shall remain as open space. No development, filing,
piping or diverting shall be permitted.
(3)
Lake and pond shorelines. The shorelines of lakes and
ponds shall, to a width of 50 feet from the
shorelines as measured from the permanent pool elevation, be at least 70% open space.
(4)
Steep slopes.
(a)
[Amended 7-13-1988] In
areas of steep slopes, i e, those above 15%, the following
standards shall apply.
[1]
Between 15% and
24.99%--no more than 30% of such areas shall be developed and/or regraded or
stripped of vegetation (Amended 7-13-1988].
[2]
Twenty-five percent or
more--no more than 25% of such areas shall be developed and/or regraded or
stripped of vegetation [Amended 7-13-1988].
[3]
[Amended 7-13-1988]
Application for building permits in areas of
15% slope or greater must obtain Planning
Board approval and shall include the following
information-
[a]
Site plan of property,
at a scale of one inch equals 50 feet, indicating existing grades with contour
lines at two-foot intervals and proposed grades within the area of the proposed
construction.
[b]
Landscaping plan
indicating proposed paved areas, storm drainage
facilities, retaining walls and ground cover, as well as the locations of trees
and ornamental shrubs.
[c]
Architectural plans,
elevations and sections of the structures and related improvements.
[d]
A statement prepared
by a licensed architect, certified landscape architect or engineer stating an explanation of the methods to be used in
overcoming foundation and other structural problems created by slope conditions, in preserving the natural watershed and in
preventing soil erosion.
[e]
A plan submitted under
the seal of a licensed professional engineer
showing and certifying the following.
[i]
All existing and
proposed natural and artificial drainage
courses and other features for the control of drainage, erosion and water.
[ii]
The calculated volume
of water runoff from the slopes and from the lot
in question, as unimproved.
[iii]
The calculated volume
of water runoff from the slopes and from the lot
in question, as improved.
[iv]
The existence,
location and capacity of all natural and artificial drainage courses and facilities within 500 feet of the lot which are or will be used to carry or contain the water
runoff from the slope and the lot.
[v]
The effect of any
increased water runoff on all adjacent properties and any other property which
will be materially affected by increased water runoff.
(b)
[Amended 8-10-1988) Grading and erosion control.
During the preparation for installation of and use of areas coming under this control, the developer shall meet the requirements specified in Article XXIII,
Stormwater Management, and the requirements of the State Soil Erosion and Sediment
Control Act and regulations pursuant thereto.
[1]
No increased water runoff
shall occur which will materially and adversely effect any property other than
the lot to be developed.
[2]
No increased erosion will occur as a result of the planned development after the complete development of the lot.
[3]
No increased water
runoff will occur which will materially and adversely affect any property other
than the lot to be developed.
(c)
Exemptions. Areas of
steep slope that are less than 3, 000 square
feet shall be exempted from these standards.
(5)
Woodland associations.
In all wooded areas the following associations shall be subject to the
following restrictions when the area of each individual association is greater
than 1/4 acre,
(a)
Floodplain
associations. No more than 10% of such areas shall be developed and/or regraded
or cleared of vegetation. The balance shall remain as open space.
(b)
Meisic associations.
No more than 30% of such areas shall be developed and/or regraded or cleared of
vegetation. The maximum width of any new clearing shall not exceed 1-1/2 times
the height of the canopy. The minimum width of remaining stands of trees shall
not be less than three times that height of the canopy. The remaining 70% of
the woodland association shall be protected during construction from root
compaction by equipment and materials.
(c)
Upland associations.
No more than 50% of such areas shall be developed and/or regraded or cleared of
vegetation. The minimum width of remaining stands of trees shall not be less
than three times the height of the canopy. The remaining trees shall be
protected during construction from root compaction by equipment and materials.
(6)
Trees of wooded lots.
Any clear cutting of trees on a wooded lot
will require a woodland management plan and a permit from the Planning Board.
(7)
Agricultural soils in
areas of prime agricultural soils, as listed
in the Soil Survey of Hunterdon County, New Jersey (1974), the following
standards shall apply.
(a)
Class I soils. No more
than 20% of these areas shall be developed.
(b)
Class II soils. No
more than 25% of these areas shall be developed.
(c)
Class III soils. No
more than 50% of these areas shall be developed [Amended. §7-13-1988].
(8)
Stormwater. All
developments shall limit the rate of stormwater runoff so that no greater rate
of runoff is permitted than that of the site in its predevelopment condition.
The provisions for runoff calculations outlined in Article XXIV of this chapter
shall be followed.
(9)
[Amended 4-8-1992] Soil erosion
and sedimentation control.
(a)
All developments shall
protect streams, lakes and ponds from sedimentation damage and shall control erosion in accordance with New
Jersey statutes. A soil erosion and sedimentation control
plan must be submitted to and certified by the Hunterdon County Soil
Conservation District, in accordance with N.J.S.A. 4:24-39 et seq, for all
projects controlled by the Act and for all
preliminary major subdivisions and preliminary site plans and conditional uses
exceeding 5, 000 square feet of land disturbance.
(b)
A soil erosion and sedimentation control plan must be submitted to and certified by the
Hunterdon County Soil Conservation District
for all minor subdivisions when more than 5, 000 square feet of surface area is
to be disturbed and one or both of the following conditions also exists-
[1]
Such disturbance is within 100 feet of a blue-line stream.
[2]
The slope of the area being disturbed is 10% or greater.
(c)
Application for building permits for a single-family
dwelling on a lot not part of a subdivision
for which a soil erosion and sedimentation control
plan has been approved will require a soil erosion and sedimentation control plan certified by the Hunterdon County Soil Conservation District when more than 5, 000 square feet of
surface area is to be disturbed and one or both of the following conditions
also exists-
[1]
Such disturbance is within 100 feet of a Blue Line Stream.
[2]
The slope of the area being disturbed is 10% or greater.
(d)
Applicants shall
submit fees directly to the Hunterdon County Soil
Conservation District in accordance with the District fee schedule as approved
by the State Soil Conservation Committee. [Amended
4-8-1992 by Amendment 7].
§115-28. Environmental restrictions.
A.
Requirements for all
uses shall be as follows.
(1)
No use shall be permitted which is noxious or offensive in the
immediate surrounding areas by reason of odor, dust, smoke, vibration, illumination
or noise, or which constitutes a public hazard whether by fire, explosion or
otherwise. In determining whether a proposed use
is noxious, hazardous or offensive, the following standards shall apply. The
proposed operation shall not.
(a)
Constitute any
nuisance whatsoever beyond the boundary of a site on which the use is located by a reason of dissemination of noxious, toxic
or corrosive fumes, smoke, odors or dust. All fixed equipment shall be operated
by electric power, gas, or other smokeless fuel.
(b)
Result in noise or
vibration exceeding the average intensity of noise or vibration occurring from
other causes at the boundary line.
(c)
Endanger surrounding
areas by reason of fire or explosion.
(d)
Produce objectionable
heat, glare or radiation beyond the property line.
(e)
Result in major
electrical disturbance in nearby residences or
adversely affect the operation of equipment other than on the property on which
the disturbance is located, when such
equipment can be shown to be of good design and in proper functional condition.
(f)
Discharge any
untreated sewage or industrial waste into any stream or otherwise contribute to
the pollution of surface or ground water in
accordance with the statutes of the State of New Jersey.
(g)
Create any other
objectionable condition in an adjoining area which will endanger public health
or safety or be detrimental to the proper use
of the surrounding area.
(2)
When required by the municipality, an applicant for a
proposed use shall demonstrate as a condition
of approval that adequate provisions will be made to reduce and minimize any
objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined
above. If required, the applicant shall submit
supplemental information, plans and impartial expert judgments, and the municipality may require the expert advice of official agencies or
private consultants and such reasonable tests as are deemed necessary, the
costs of which shall be home by the applicant.
(3)
Any subdivision of land or land development proposed in
which the lots are to be less than one acre in
size shall be served by a common wastewater disposal system or by sewers
approved by the NJDEP, which shall meet the requirements of the approving
agency having jurisdiction, and shall be owned, maintained and managed by the developer, a homeowners' association or by a private agency licensed
to construct or mountain said system.
B.
Requirements for
commercial and industrial uses.
(1)
General. All
activities shall be operated in such a manner as to comply with applicable
performance standards as hereinafter set forth governing noise, smoke,
particulate matter, toxic or noxious matter, odors, fire and explosive hazards,
vibration, glare or heat for the district in which such use shall be located, and no use, already established on the effective date of this
chapter, shall be so altered or modified as to
conflict with or further conflict with such applicable performance standards
for the district in which such use is located.
(2)
Noise. All activities
shall be operated in such a manner as to comply with all current applicable
regulations of the New Jersey Department of Environmental Protection. The
following sources of noise are exempt.
(a)
Transportation
vehicles not under the control of the industrial use.
(b)
Occasionally used
safety signals, warning devices and emergency
pressure relief valves.
(c)
Temporary construction
activity between 7:00 AM and 7: 00 PM.
(3)
Vibration. All
activities shall be conducted in such a manner as to comply with the current applicable
standards for vibration of the New Jersey Department of Environmental
Protection.
(4)
Air pollution.
(a)
All activities shall
be conducted in such a manner as to comply with the current applicable
standards for air quality of the New Jersey Department of Environmental
Protection.
(b)
No use shall cause, allow, permit, kindle, ignite or maintain any
bonfire, junk fire, salvage operations fire or any other open fire on or in any
public street, road or public ground, or upon any private property within the
limits of the site.
(5)
Toxic or noxious
matter.
(a)
Waterborne. All
activities shall be conducted in such a manner as to comply with all current
applicable standards for waterborne matter of the New Jersey Department of
Environmental Protection.
(b)
Airborne. All activities
shall be conducted in such a manner as to comply with all current applicable
standards for air quality of the New Jersey Department of Environmental
Protection.
(6)
Odors.
(a)
There shall be no
emission of odorous gases or other odorous matter in such quantities as to be
offensive at any point on or beyond the lot
boundary line within which the industrial operation is situated. Any process
which may involve the creation or emission of any odors shall be provided with
a secondary safeguard system, in order that control will be maintained if the
primary safeguard system should fail.
(b)
All activities shall
be conducted in such a manner as to comply with all current applicable
standards for odors of the New Jersey Department of Environmental Protection.
(7)
Fire and explosion
hazards.
(a)
The storage,
utilization or manufacture of materials or products ranging from incombustible
to moderate burning as determined for liquids by a closed cup flash point of
not less than 187°F, is permitted subject to compliance with all performance
standards for the district.
(b)
The storage,
utilization or manufacture of materials or products ranging from free or active
burning to intense burning, as determined for liquids by a closed cup flash
point of less than 187°F but not less than 120°F, is permitted, subject to
compliance with all performance standards for the district, and provided that
the following conditions are met.
[1]
Said materials or
products shall be stored, utilized or produced within completely enclosed
buildings or structures having incombustible exterior walls.
[2]
All such buildings or
structures shall be set back at least 75 feet from side or rear lot lines and 150 feet from the front lot
line and shall be protected throughout by an automatic sprinkler system
complying with installation standards prescribed by the National Fire
Protection Association or Factory Insurance Association, or, if the materials,
goods or products are liquids, the protection thereof shall be in conformity with
standards prescribed by the National Fire Association or Factory Insurance
Association.
(c)
The utilization in
manufacturing process of materials which produce flammable or explosive vapors
or gases as determined for liquids by a closed cup flash point of less than
120°F shall be prohibited without special permit from the Municipal Engineer
Issuance of such permit shall be guided by, but not limited to, the following
criteria-
[1]
The final manufactured
product shall not itself have a closed cup flash point of less than 197°F.
[2]
The use of such material shall be in conformity with the standards
prescribed by the National Fire Protection Association and the requirements of
other ordinances of the municipality.
(8)
Storage. The storage
of more than 10, 000 gallons of materials or products having a closed cup flash
point less than 120°F, including storage of finished products in the original
sealed container, is prohibited. Bulk storage
of more than 500 gallons must be in underground facilities designed to meet the
standards prescribed by the National Fire Protection Association and the
requirements of the other ordinances of the municipality.
(9)
Heat and glare.
(a)
Heat. No use shall carry on an operation that would produce an increase
in ambient air temperature of more than 2°F at the properly line of the lot on which the use is
situated.
(b)
Glare. No use shall carry on an operation that would produce glare as
defined below from unshielded bulbs or any production operation, such as
welding, beyond the property line of the lot
on which the use is situated. Glare shall be
defined as direct or indirect light from such activities of greater than 0.5
foot-candle at habitable levels (10) Water quality and withdrawal,
(c)
All activities shall
be conducted in such a manner as to comply with all current applicable
standards for water quality of the New Jersey Department of Environmental
Protection.
(d)
Emergency
procedures. Where materials stored on site could, if accidentally released,
repair water quality, emergency
procedures shall be specified to prevent such spillage from entering ground or
surface waters as a part of the permit application.
