B.
Stream
Corridors.
(1)
The
purpose of this program is to protect property from flooding; to reduce land
development impacts on stream water quality and flows; to protect existing
natural drainage features; to protect other's rights within the same watershed
from adverse effects of improper stream corridor development; and, to provide
recreation and wildlife migration corridors.
(2)
Stream
corridors shall mean the stream channel and all of the land on either side of
the stream channel which is classified as wetlands, is within the 100 year
floodplain, or is a sloping area of 12% or greater that is contiguous to the
stream channel, wetlands or floodplain, and all of the land within a 100 foot
wide buffer around all stream channels, wetlands, floodplains and contiguous
slopes of 12% or greater. Stream channels shall mean permanent or intermittent
watercourses shown on U.S.G.S. quadrangle maps, the Somerset County Soil
Survey or such other source as the Borough may deem
appropriate.
(3)
Only the
following uses shall be permitted within stream corridors:
(a)
Cultivation
and farming (including truck gardening and harvesting of any wild crops such as
marsh hay, ferns, moss, berries or wild rice) according to the best management
practices of the Soil Conservation Service or the State Soil Conservation
Committee.
(b)
Pasture
and controlled grazing of animals in accordance with conservation practices
approved by the Soil Conservation Service or the State Soil Conservation
Committee.
(c)
Outdoor
plant nursery, vineyards, and/or orchards in accordance with soil conservation
practices approved by the Soil Conservation Service or the State Soil
Conservation Committee.
(d)
Wildlife
sanctuary, woodland preserve, and arboretum, except facilities subject to damage
by flooding.
(e)
Game
farms, fish hatcheries, or hunting and fishing reserves, operated for the
protection and propagation of wildlife, but excluding enclosed
structures.
(f)
Additions
to or landscaping of principal single family structures existing as of the date
of this ordinance, provided the addition or landscaping shall not affect natural
drainage, shall not encroach into the stream channel, floodplain or wetlands,
and the addition shall not exceed 33% of the gross floor
area.
(4)
The
following uses may be permitted in the stream corridor if the applicant
demonstrates to the satisfaction of the Planning Board that the proposed
use complies with the objectives of this ordinance and the Far Hills Master
Plan:
(a)
Recreational
use, whether open to the public or restricted to private membership, which is
specifically related to the stream corridor and is water
dependent.
(b)
Private or
public water supply wells that have a sanitary seal, flood proofed water
treatment facilities, or pumping facilities;
(c)
Dams,
culverts and bridges that have received approval from the appropriate municipal,
county and State agencies having such authority;
(d)
Utility
transmission lines, installed during periods of low stream flow according to
soil erosion and sediment control practices approved by the Federal Soil
Conservation Service or the State -Soil Conservation Committee and in a manner
which will not impede flows or pond water; and,
(e)
Roads that
cross the stream corridor as directly as feasible.
(5)
Any use
not permitted in the stream corridor is prohibited.
(6)
Any
development or use requiring approval under subsection 803.B.4. above shall
require either site plan review or subdivision review pursuant to Article IV of
this ordinance. The procedures and standards of review prescribed in Article IV
shall be applicable and shall be in addition to the requirements for submission
listed in subsection 803.B.7. below. Nothing in this section shall relieve an
applicant from complying with other requirements that are applicable to the
development.
(7)
The
following information shall be supplied for any development within a stream
corridor. Such information shall be in addition to information required by
Article IV:
(a)
Delineation
of stream corridors as defined in subsection 803.B.2.
above.
(b)
Detailed
hydrologic engineering studies indicating the effects on drainage, streams, and
adjacent properties as well as the property in question, including the necessary
data to determine whether the boundaries of the stream corridor would be
affected if the application were granted.
(c)
A plan
indicating the disposition of any fill materials proposed to be deposited by the
grading or regrading of land. No fill is to be placed on
wetlands.
(d)
The
designation of how suitable techniques, including erosion and soil stabilization
measures, sediment traps and nutrient control by vegetation filters or other
mechanisms, will be incorporated to protect the stream.
(e)
A
demonstration that the use or activity cannot be located outside the stream
corridor.
(8)
An
approved application for development or use on a lot which contains a stream
corridor or portion of a stream corridor shall provide a conservation easement
for the continued protection of the stream corridor. Conservation easements
shall be established either by deed or by plat filed with the County Recording
Officer in compliance with the Map Filing Law.
(9)
Appropriate
monuments shall be set by the licensed land surveyor. Such markers shall be set
at each conservation easement corner not previously marked by a monument.
All boundary markers shall be described on the survey provided to show their
relation to the property or corner or, if appropriate, to the boundary
lines.