All
applications for development including development of an individual lot, shall
be subject to the following restrictions with respect to topographic and
environmental features. (Ord. #585, § 502; Ord. #1269, 8-26-1997, amended)
§
21-14.1. Wetland Protection.
A.
Wetland Delineation. A wetlands letter of interpretation
(LOI) from the New Jersey Department of Environmental Protection (NJDEP) shall
be submitted as part of the application for any major subdivision or major site
plan application. A minor subdivision application or a building permit
application for an individual lot shall not be required to submit an LOI;
however, an on-site wetland delineation shall be prepared by a qualified
consultant. If wetlands are present that could be impact by the proposed
improvements, a NJDEP approved LOI shall be submitted with the minor
subdivision application or building permit application. If no wetlands are
observed, a note to that effect shall be shown on the plans.
1.
Documentation. All wetland and transition areas required
pursuant to N.J.A.C. 7:7A-1 et seq. (New Jersey Freshwater Wetlands Protection
Act Rules) or any successor statutes or regulations shall be clearly shown on
all plats or site plans submitted for approval.
2.
All final plats, final site plans or individual lot
building plans shall include the wetland line(s) identification number as
assigned by NJDEP, pursuant to the Freshwater Wetlands Protection Act.
B.
Wetland Protection Standards. To prevent adverse impacts on
delineated wetlands, the following guidelines shall be employed:
1.
A snow fence shall be installed along the limit of
disturbance outside of the final wetland transition area boundary line prior to
the commencement of on-site construction, so as to prevent encroachment into
these regulated areas.
2.
A silt fence and/or hay bales should be installed
downstream from disturbance areas adjacent to the state-mandated wetland
transition area line (or buffer) so as to prevent the transport of silt into
the wetland areas.
3.
The applicant shall avoid encroachment into state-regulated
wetland and transition areas. All existing on-site vegetation within or
adjacent to the wetland areas shall be preserved.
4.
Prior to signing of the final plat or site plan, the
applicant shall provide evidence of the filing of any deed restriction required
by NJDEP to permit transition area modifications.
5.
Whenever a conservation easement is required pursuant to
Subsection 21-14.1c below, the easement boundaries shall be delineated with
survey monuments to ensure that future encroachment and disturbance of the
easement does not occur. The quantity and location of monuments shall be
sufficient to adequately identify the easement and shall be shown on the plans
and subject to approval by the Township Engineer, provided the spacing of
monuments shall not exceed 100 feet. Performance of the monument installation
shall be guaranteed by a surety, such as a bond, cash or letter of credit,
which shall be provided to the Township prior to the Township issuing any
permits relating to the proposed site work. (Ord. #1540, 5-14-2002, added)
C.
Conservation Easement. Whenever an LOI or wetlands
delineation is required under Subsection 21-14.1a above, all wetlands and
transition areas shall be protected by a conservation easement running to the
township. Such conservation easement shall, at the request of the owner of such
a property, be amended to conform to any subsequent modification of the
included transition areas, provided that such modification is first approved by
the New Jersey Department of Environmental Protection. Modifications may
include, but are not limited to, transition area averaging plans. An owner may
request such modification by submitting an amendatory deed to the Township
Engineer for review and approval. The owner shall be responsible to reimburse
the township for the cost of having any in-house or outside professional or
technical personnel review the proposed amendatory deed.
(Ord. #585, § 502A; Ord. #760, §§ 20-21;
Ord. #1269, 8-26-1997, amended)
§
21-14.2. Steep Slopes.
A.
The purpose of this subsection is to regulate the intensity of use in
areas of steeply sloping terrain in order to limit soil loss and erosion and
the degradation of surface water.
B.
The applicant shall prepare a steep slope map based on
ten-foot contour intervals showing slope classes of 0% to 14.9%, 15% to 19.9%.
20% to 25% and greater than 25%. The map shall also include a calculation of
the area of proposed disturbance of each slope class on each existing and
proposed lot, as well as within any proposed road right-of-way.
1.
Areas with slopes ranging from 0% to 14.9% are not
restricted to development.
2.
Areas with slopes ranging from 15% to 25% shall require
detailed grading plans and architectural plans. The Board must find that
drainage and erosion problems will not result from the development and that the
architecture is specifically designed to accommodate the topography. Roads and
driveways should be designed to follow the natural topography to the greatest
extent possible to minimize the disturbance of steep slope areas.
a.
Areas with slopes ranging from 15% to 19.9% shall have disturbed
areas limited to 40% of that slope category.
b.
Areas with slopes ranging from 20% to 25% shall have
disturbed areas limited to 20% of that slope category.
3.
In areas with slopes greater than 25%, no development,
regrading or stripping of vegetation shall be permitted unless the disturbance
is for roadway crossings or utility construction and it can be demonstrated
that the roadway or utility improvements are necessary in the sloped area for
the improvement to exist.
4.
For applications requiring development plan approval by the
Board, the Board may require that areas with slopes greater than 25% be
protected by a conservation easement running to the Township. if an area is to
be preserved in its entirety due to the presence of steep slopes, the applicant
may offer the area for dedication to the Township, a private land trust or a
nonprofit agency in order to preserve and maintain the area in its natural
state.
(Ord. #585, § 502B; Ord. #760, § 22;
Ord. #1269, 8-26-1997, amended; Ord. #1539, 5-14-2002, amended)
§
21-14.3. Flood Damage Prevention.
No application for development of any
property which is subject to Bernards Township Chapter XXV entitled, "An
Ordinance of the Township Committee of the
Whenever this Land Development Ordinance
refers to any term with reference to Subsection 21-14.3, reference should be
made to the definitions of terms in Section 21-3. (Ord. #585, § 502C; Ord.
#760, § 23; Ord. #848, § 1)
§
21-14.4. Stream Buffer Conservation.
A.
Purpose and Intent. In recognition of the fact that natural
features contribute to the welfare of residents, the following regulations have
been enacted to provide reasonable controls governing the restoration,
conservation, disturbance and management of existing stream buffers for all
perennial and intermittent streams and all lakes and ponds in the municipality
by establishing designated stream buffer conservation areas. In addition, the
specific purposes and intent of this subsection are to:
1.
Reduce the amount of nutrients, sediment, organic matter,
pesticides and other harmful substances that reach watercourses, wetlands and
subsurface and surface water bodies by using scientifically proven processes,
including filtration, deposition, absorption, adsorption, plant uptake,
biodegradation and denitrification and by improving infiltration, encouraging
sheet flow and stabilizing concentrated flows.
2.
Improve and maintain the safety, reliability and adequacy
of the water supply for domestic, agricultural, commercial, industrial and
recreational uses while sustaining diverse populations of aquatic flora and
fauna.
3.
Regulate the land use, siting and engineering of all
development to be consistent with the intent and objectives of this section and
accepted conservation practices, and to work within the carrying capacity of
existing natural resources.
4.
Assist in the implementation of pertinent state laws
concerning erosion and sediment control practices.
5.
Conserve the natural features important to land and water
resources (e.g., headwater areas, groundwater recharge zones, floodways,
floodplains, springs, streams, wetlands, woodlands, prime wildlife habitats)
and other features constituting high recreational value or containing amenities
that exist on developed and undeveloped land.
6.
Work with floodplain, steep slope and other ordinances that
regulate environmentally sensitive areas to minimize hazards to life, property
and stream features.
7.
Conserve natural, scenic and recreation areas within and
adjacent to stream areas for the community's benefit.
B.
Definitions, Applicability, Width Determination of a Stream
Buffer Conservation Area and Establishment of a Stream Buffer Conservation
Easement.
1.
Definitions. As used in this subsection, the following
terms shall have the meanings set forth below:
STREAM shall mean a natural watercourse or surface water body that
contains water for at least part of the year, has a drainage area of 50 acres
or greater, or is portrayed as a dashed line on a USDA Soil Survey Map of the
most recent edition.
STREAM BUFFER CONSERVATION AREA shall mean an area adjacent to a
stream that intercepts surface water runoff, wastewater, subsurface flow and/or
deep groundwater flows from upland sources and functions to remove or buffer
the effects of associated nutrients, sediment, organic matter, pesticides or
other pollutants prior to entry into the stream. This area may also provide
wildlife habitat, control water temperature, attenuate flood flow and provide
opportunities for passive recreation. This area may or may not contain trees
and other vegetation and shall be subject to the restrictions outlined in this
subsection.
STREAM BUFFER CONSERVATION EASEMENT shall mean an easement running
to the Township and established in accordance with Article IX of this chapter.
A stream buffer conservation easement shall contain a stream buffer
conservation area and shall be subject to all restrictions applicable to the
stream buffer conservation area.
STREAM BUFFER MANAGEMENT PLAN shall mean a plan approved by the
Township Engineer or his appointed representative pursuant to Section 21-14h1.
The plan shall be prepared by a landscape architect, professional engineer or
other qualified professional and shall fully evaluate the effects of any
proposed activity/uses on a stream buffer conservation area. The plan shall
identify existing conditions (vegetation, one-hundred-year floodplain, soils,
slopes, etc.), all proposed activities and all proposed management techniques,
including any measures necessary to offset disturbances to the stream buffer
conservation area.
2.
Applicability. The regulations outlined in this subsection
shall be applicable to all properties containing a stream buffer conservation
area.
3.
Width Determination. A stream buffer conservation area
shall extend a minimum of 75 feet from each defined edge of a stream at
bankfull flow or shall equal the extent of the one-hundred-year floodplain,
whichever is greater. A stream buffer conservation area shall consist of two
distinct zones designated as follows (see Figure 205 located at the end of this
chapter).
a.
Zone One.
[1]
Zone One shall begin at each defined edge of a stream and
shall occupy a margin of land with a minimum width of 25 feet measured
horizontally on a line perpendicular to the edge of the stream at bankfull
flow.
[2]
Where steep slopes (in excess of 25 percent) are located
within 25 feet of a stream, Zone One shall extend the entire distance of the
steep slope area. If the distance of the steep slope area is greater than 75
feet, there shall be no requirement for the establishment of Zone Two. If the
distance of the steep slope area is less than 75 feet, the width of Zone Two
shall be adjusted such that the total width (Zone One and Zone Two) shall be 75
feet, except where a greater width is required in order to include the
one-hundred-year floodplain, pursuant to Section 21-14.4b3(b)(2).
b.
Zone Two.
[1]
Zone Two shall begin at the outer edge of Zone One and
shall occupy a minimum width of 50 feet in addition to Zone One, except where a
lesser width is required for Zone Two pursuant to Section 21-14.4.b.3(a)(2).
[2]
Where the one-hundred-year floodplain extends greater than
75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide,
except as otherwise required pursuant to Section 21-14.4b3(a)(2), and Zone Two
shall extend from the outer edge of Zone One to the outer edge of the
one-hundred-year floodplain.
c.
Responsibility for Width Determination. The applicant or
their designated representative shall be responsible for the initial width
determination of a stream buffer conservation area and for identifying the area
on any plan submitted to the Township in conjunction with an application for a
construction permit or development plan approval or whenever the width
determination is deemed necessary by the Zoning Enforcement Officer in order to
determine compliance with this subsection. The initial determination shall be
subject to approval by the Township Engineer.
d.
Zone Two Waiver. If the applicant submits a stream buffer
management plan, in consideration of Section 21-14.4a, that proves to the
satisfaction of the Township Engineer that a proposed vegetative or other
enhancement to Zone One will eliminate the need for a Zone Two or a portion of
Zone Two, the Township Engineer shall waive the requirement for a Zone Two or a
portion of Zone Two, provided that the approved stream buffer management plan
is implemented by the applicant.
4.
Establishment of a Stream Buffer Conservation Easement.
When any of the following circumstances occur, the applicant shall establish a
stream buffer conservation easement containing the stream buffer conservation
area. The Stream Buffer Conservation Easement shall be recorded prior to the
Township issuing any permits or approving any uses relating to the applicable
use or activity.
a.
When the applicant applies to the Construction Code Office
for a construction permit, excluding a construction permit application that
involves only a fence.
b.
When the applicant applies to the Planning Board or Board
of Adjustment for approval of a development plan, excluding a development plan
application that involves only a fence.
C.
Uses Permitted in a Stream Buffer Conservation Area. No
construction, development, use, activity, encroachment or structure shall be
permitted in a stream buffer conservation area unless specifically permitted
herein.
1.
Zone One.
a.
Uses Permitted by Right. The following uses shall be
permitted by right in Zone One and do not require approval by the Zoning
Enforcement Officer or compliance with an approved stream buffer management
plan.
[1]
Open space uses that are primarily passive in character,
including wildlife sanctuaries, nature preserves, forest preserves, fishing
areas and passive areas of public and private parklands.
[2]
Fences for which a permit has been issued by the Construction
Code Office. (Notwithstanding the fact that they are permitted in a stream
buffer conservation area, fences are still subject to approval by the Zoning
Enforcement Officer as to compliance with the general requirements for fences,
including Section 21-16.2).
[3]
On residential lots, accessory uses and structures for
which no permit is required from the Construction Code Office, including but
not limited to driveways, patios, walkways, sheds not exceeding 100 square feet
in area, private recreational or game areas, mowed lawns, landscaped and graded
areas and gardens. The removal of trees in conjunction with any such accessory
use or structure shall also be permitted, subject to approval of a tree removal
permit, if applicable.
b.
Uses Requiring Township Approval. The following uses shall
be permitted in Zone One subject to approval by the Zoning Enforcement Officer
and subject to compliance with an approved stream buffer management plan.
[1]
Buffer crossings by farm vehicles and livestock,
recreational trails, roads, railroads, stormwater lines, sanitary sewer lines,
water lines and public utility transmission lines, provided that the land
disturbance is the minimum required to accomplish the permitted use.
[2]
Reforestation.
[3]
Streambank stabilization.
2.
Zone Two.
a.
Uses Permitted by Right. The following uses shall be
permitted by right in Zone Two and do not require approval by the Zoning
Enforcement Officer or compliance with an approved stream buffer management
plan.
[1]
Open space uses that are primarily passive in character,
including wildlife sanctuaries, nature preserves, forest preserves,
recreational trails and passive areas of public and private parklands.
[2]
Fences for which a permit has been issued by the
Construction Code Office (Notwithstanding the fact that they are permitted in a
stream buffer conservation area, fences are still subject to approval by the
Zoning Enforcement Officer as to compliance with the general requirements for
fences, including Section 21-16.2).
[3]
On residential lots, accessory uses and structures for
which no permit is required from the Construction Code Office, including but
not limited to driveways, patios, walkways, sheds not exceeding 100 square feet
in area, private recreational or game areas, mowed lawns, landscaped and graded
areas and gardens. The removal of trees in conjunction with any such accessory
use or structure shall also be permitted, subject to approval of a tree removal
permit, if applicable.
[4]
Minimum required front, side and rear yards on private
lots, provided that no minimum required yard may extend into Zone Two more than
half the distance between the outer boundaries of Zone One and Zone Two (see
Figure 204 located at the end of this chapter).
[5]
Agricultural uses existing at the time of adoption of this
subsection.
b.
Uses Requiring Township Approval. The following uses shall
be permitted in Zone Two subject to approval by the Zoning Enforcement Officer
and subject to compliance with an approved stream buffer management plan.
[1]
New agricultural uses.
[2]
Buffer crossings by farm vehicles and livestock, roads,
railroads, stormwater lines, sanitary sewer lines, water lines and public
utility transmission lines, provided that the land disturbance is the minimum
required to accomplish the permitted use.
[3]
Stormwater lines, sanitary sewer lines, water lines and public utility
transmission lines running along, i.e., parallel to, the buffer, provided that
the land disturbance is the minimum required to accomplish the permitted use
and the lines are located as far from Zone One as practical.
[4]
Selective cutting of trees, other than as permitted by
right pursuant to Section 21-14.4c2(a)(3).
[5]
Recreation areas, other than private recreational or game
areas, such as camps, campgrounds, picnic areas, golf courses, ballfields,
playgrounds and courts, provided these uses are designed in a manner that will
not generate concentrated flow of stormwater.
[6]
Naturalized stormwater basins, provided the entire basin is
located a minimum of 50 feet from the defined edge of all streams.
[7]
Reforestation.
D.
Uses Specifically Prohibited in a Stream Buffer Conservation
Area. Any use or activity not permitted pursuant to Section 21-14.4c shall be
prohibited within a stream buffer conservation area. By way of example, the
following uses and activities are specifically prohibited:
1.
Clear-cutting of trees and other vegetation.
2.
Selective cutting of trees and/or the clearing of other
vegetation within Zone One, except where such cutting and/or clearing is
necessary to prepare land for a use permitted pursuant to Section 21-14.4c1 and
where the effects of these actions are mitigated by revegetation, in compliance
with an approved stream buffer management plan.
3.
Selective cutting of trees and/or the clearing of other
vegetation within Zone Two, except where such cutting and/or clearing is
necessary to prepare land for a use permitted pursuant to Section 21-14.4.c.2
and where the effects of these actions are mitigated by revegetation, in compliance
with an approved stream buffer management plan.
4.
Removal of trees in excess of selective cutting, except
where such removal is necessary as a means to eliminate dead, diseased or
hazardous tree stands that jeopardize public safety, or as part of a
reforestation project, and the removal is in compliance with an approved stream
buffer management plan.
5.
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion control and buffer protection practices.
6.
Storage of hazardous or noxious materials.
7.
Use of fertilizers, pesticides, herbicides, and/or other
chemicals in excess of prescribed industry standards or the recommendations of
the Somerset-Union Soil Conservation District.
8.
Roads or driveways, except where permitted as buffer
crossings in compliance with Section 21-14.4c1(b)(1) or Section
21-14.4c2(b)(2).
9.
Motor and/or wheeled vehicle traffic in any area which, in
the opinion of the Township Engineer, is not designed to adequately accommodate
the type and volume of traffic.
10.
Parking lots.
11.
Any type of permanent structure, excluding structures
approved in conjunction with a use permitted pursuant to Section 21-14.4c.
12.
Subsurface sewage disposal areas.
13.
Sod farming.
14.
Minimum required front, side and rear yards, except as
permitted in Zone Two pursuant to Section 21-14.4.c2(a)(4) or as otherwise
permitted pursuant to this subsection.
E.
Nonconforming Structures and Uses in a Stream Buffer
Conservation Area. Nonconforming structures and uses of land within a stream
buffer conservation area shall be regulated under the provisions of Section
21-11 of the Land Development Ordinance. The following additional regulations
shall also apply:
1.
Existing nonconforming structures or uses within Zone One
or Zone Two that are prohibited pursuant to Section 21-14.4d may be continued,
provided the existing building footprint and use are not expanded or enlarged.
2.
Discontinued nonconforming uses may be resumed at any time
within one year from such discontinuance, but not thereafter. No change or
resumption shall be permitted that is more detrimental to the stream buffer
conservation area, as measured against the purposes and intent set forth in
Section 21-14.4.a, than the existing or former nonconforming use. This one-year
time limit shall not apply to agricultural uses that are following prescribed
Best Management Practices for crop rotation.
F.
Boundary Interpretation and Appeals Procedure.
1.
A property owner or applicant may dispute a stream
designation or the Zone (One or Two) boundaries of a stream buffer conservation
area or the defined edge of a stream by submitting evidence to the Zoning
Enforcement Officer that describes the designation/boundaries approved by the
Township Engineer, the designation/boundaries proposed by the property owner or
applicant and all justification for the proposed designation/boundary change.
The evidence supporting a proposed stream designation must be provided by a
2.
The Township Engineer or his appointed representative shall
evaluate all material submitted and shall make a written determination within
45 days of receipt of a complete submission.
3.
Any party aggrieved by any determination or decision under
this subsection may appeal to the Zoning Board of Adjustment under the
provisions of this subsection. The party contesting the determination or
decision shall have the burden of proof in case of any such appeal.
G.
Inspection of a Stream Buffer Conservation Area.
1.
Lands within and adjacent to a stream buffer conservation
area shall be inspected by the Zoning Enforcement Officer and/or the Township
Engineer or his appointed representative when:
a.
A construction permit application affecting the stream
buffer conservation area is submitted to the Construction Code Office.
b.
A development plan application affecting the stream buffer conservation
area is submitted to the Planning Board or Board of Adjustment.
c.
A change or resumption of a nonconforming use within the
stream buffer conservation area is proposed.
d.
A proposed stream buffer management plan is submitted to
the Zoning Enforcement Officer.
2.
A stream buffer conservation area may also be inspected by
the Zoning Enforcement Officer and/or the Township Engineer or his appointed
representative for compliance with this subsection, including compliance with
an approved stream buffer management plan, at any time when the presence of a
possible unauthorized use, activity or structure is brought to their attention.
H.
Management of a Stream Buffer Conservation Area.
1.
Stream Buffer Management Plan. With the exception of uses
permitted by right pursuant to Section 21-14.4c1(a) or Section 21-14.4c2(a), no
construction, development, use, activity, encroachment or structure shall be
permitted within any stream buffer conservation area unless the effects of same
are mitigated by implementation of an approved stream buffer management plan.
a.
At the time of submission of an application to the
Construction Code Office for a construction permit or to the Planning Board or
Board of Adjustment for approval of a development plan, or prior to commencing
any use/activity that does not require a construction permit or development
plan approval, the landowner or developer shall submit to the Zoning
Enforcement Officer a proposed stream buffer management plan prepared by a
landscape architect, professional engineer or other qualified professional. The
proposed plan shall fully evaluate the effects of all proposed uses/activities
on the stream buffer conservation area and shall identify existing conditions
(vegetation, one-hundred-year floodplain, soils, slopes, etc.), all proposed
uses/activities and all proposed management techniques, including proposed
vegetation and any other measures necessary to offset disturbances to the
stream buffer conservation area. The proposed plan shall be subject to approval
by the Township Engineer or his appointed representative.
b.
Vegetation Selection. Dominant vegetation in the stream
buffer management plan shall consist of plant species that are suited to the
stream buffer environment. The Township Engineer may require species
suitability to be verified by qualified experts in the Somerset-Union Soil
Conservation District, Natural Resources Conservation Service, New Jersey
Department of Environmental Protection, United States Fish and Wildlife Service
and/or state or federal forest agencies.
[1]
In Zone One, dominant vegetation shall consist of a variety
of native trees, shrubs and tall grasses and shall include species that will
provide streambank stabilization.
[2]
In Zone Two, dominant vegetation shall consist of a variety
of trees and shrubs, with an emphasis on native species and species that will
provide soil stabilization.
[3]
The stream buffer management plan shall provide for the
revegetation of all disturbed areas to the extent possible. Where revegetation
is not possible, the stream buffer management plan shall set forth the proposed
measures for restoration.
c.
Performance Guarantee. Performance of the stream buffer
management plan shall be guaranteed by a surety, such as a bond, cash or letter
of credit, which shall be provided to the Township prior to the Township
issuing any permits or approving any uses relating to the applicable use or
activity.
(Ord. #1504, 11-8-2001, added)
Figure
205 Stream Buffer Conservation Area Class Sections
One-Hundred-Year Floodplain:
Example A1 – When Steep Slopes Are Not Present.
Zone One is typically 25
feet wide and Zone Two is typically 50 feet wide.
Example B1 - When Steep
Slopes Are Present. Zone One is wider than 25 feet in order to include the
steep slope area. As a result, Zone Two is less than 50 feet wide.
One-Hundred-Year Floodplain:
Example A2 – When Steep Slopes Are Not Present
Zone Two is wider than 50 feet in order to include
the 100-year floodplain.
Example B2- When Steep Slopes Are Present. Since
Zone One is wider than 75 feet in order to include the steep slope area, there
is no requirement for a Zone Two.