ORDINANCE SUPPLEMENTING THE LAND USE ORDINANCE OF THE
BE IT ORDAINED BY THE
TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW
JERSEY, as
follows:
SECTION 1. The Land Use Ordinance of
the
"CHAPTER
XXIVA
ENVIRONMENTAL
PERMIT
24A‑1 Environmental
Permit.
Before the Construction Code Official issues a building permit for the
construction of a new building or structure or an addition to an existing
building or structure he shall review the Township's GIS data base to ascertain
if there is a possibility that wetlands or wetlands transition areas may be
disturbed by the proposed development. If he determines that the possibility of
such disturbance exists, the Construction Code Official shall refer the matter
to the Township Environmental Consultant who shall investigate and report in
writing his findings to the Construction Code Official. In the event of such a
referral to the Township Environmental Consultant, the applicant shall be
required to pay a fee of $230 to the Township. If the Environmental Consultant
finds that the proposed development will not cause disturbance of wetlands and
transition areas, the applicant may proceed. If he finds the possibility of such
disturbance, the Construction Code Official shall require the applicant to
provide the Township with a Presence/Absence determination or a wetlands LOI
from the NJDEP prior to the issuance of a building permit. A building permit
will be issued when all NJDEP requirements are satisfied."
SECTION 2. Section 16‑10.8 entitled
"Protection of Critical Areas" of the Land Use Ordinance of the
"16‑10.8 Protection of
Critical Areas. All subdivision and site
plans shall be designed so that, to the greatest extent possible, critical
areas, the disturbance of which could result in flooding, erosion,
sedimentation, loss of valuable vegetation, impairment of water quality or
quantity, or other substantial harm to the environment or to human habitation,
shall be left undisturbed. Development techniques, including BMP's (Best
Management Practices), shall be employed so that development can take place
without causing adverse impacts on the environment and without detriment to the
public health, safety and general welfare. Vegetation shall be preserved to the
extent practical. All subdivision plans and site plans shall comply strictly
with all Federal and
The minimum information and
data necessary to evaluate and assure the above stated purposes shall include
the following:
a. Environmental Impact
Study. A study according to the requirements of Chapter XVII, Environmental
Impact Study, shall be conducted and the documentation resulting from such study
shall be filed with the preliminary plat or site plan at the time an application
for preliminary subdivision or site plan approval is made.
b. Flood Hazard
Areas. An application for a Development Permit shall include the necessary
additional documentation according to the requirements of Chapter XVIII, Flood
Hazard Area Regulations.
c. Soil Erosion and
Sediment Control Plan. The soil erosion and sediment control plan shall be
filed with the preliminary plat or site plan. The soil erosion and sediment
control plan shall be prepared according to the requirements of Chapter XIX,
Soil Erosion, Sediment Control and Flood Prevention.
d. Steep Slopes Map.
A map establishing the limits of all disturbance on any lot to be created by
subdivision and/or any lot for which preliminary site plan approval is requested
according to the requirements of Section 16‑10.13, "Steep Slope Disturbance
Limits."
e. Wetlands and
Transition Areas. A map with appropriate notes providing for the protective
measures according to the requirements of Section 1610.14, "Protection of
Wetlands and Transition Areas during Construction."
f. Conservation
Easements. A map establishing a conservation easement for and along streams,
watercourses and/or drainage way channels to be dedicated to the Township
according to the requirements of Section 16‑10.10A, "Conservation Easements for
Watercourse, Stream, etc."
Section 3. The Land Use Ordinance of
the
"16‑10.10A Conservation
Easement for Watercourse, Stream, etc.
a. When property depicted on
a subdivision or site plan is traversed or bordered by a watercourse, drainage
way, channel or stream, a storm water easement or drainage right‑of‑way and a
conservation easement dedicated to the Township conforming substantially with
the lines of such watercourse, and such further width or construction, or both,
as will be adequate for the purpose, shall be provided by the developer. For
perennial streams, and where applicable, the conservation easement shall be one
hundred fifty (150) feet in width on either side of the stream center line. The
minimum width for a conservation easement for a watercourse of intermittent
nature shall be fifty (50) feet on either side of the center line, where
applicable.
b. Easements or rights‑of‑way as required by the Planning Board under subparagraph a above shall be described by metes and bounds, and any deeds prepared in favor of the Township shall be approved as to form and substance by the Township Attorney."
Section 4. The Land Use
Ordinance of the
"16‑10.13 Steep Slope
Disturbance Limits.
a. The overall extent of
regrading and/or stripping of native or existing vegetation on steep slopes on
any tract of land which is the subject of an application for subdivision or
site. plan approval shall be limited by the following
standards:
|
Slopes Regraded or
Stripped of Vegetation |
Maximum Portion of
Tract | |||
|
i. |
Less than
10% |
i. |
Any area necessary for
driveway, landscaping or impervious coverage |
|
|
ii. |
10%--15% |
ii. |
25% of slope
area |
|
|
iii. |
Greater than 15% up to
25% |
iii. |
15% of slope
area |
|
|
iv. |
Greater than
25% |
iv. |
5% of slope
area |
|
b. When granting preliminary
subdivision approval, the Planning Board shall establish the extent of allowable
slope disturbance for each individual lot in such manner that the aggregate
slope disturbance for all of the individual lots does not exceed the allowable
slope disturbance for the entire tract.
c. All construction activity
on any lot created by subdivision approval where the Planning Board has fixed
the extent of allowable slope disturbance when granting preliminary subdivision
approval shall be conducted strictly in accordance with the limits of
disturbance established for such lot and shown on the approved drawings.
d. All construction activity
on any lot for which preliminary site plan approval has been granted shall be
conducted strictly in accordance with the limits of disturbance established for
such lot and shown on the approved site plan.
e. All construction activity
on lots, created by subdivision approval or otherwise, for which the Planning
Board has not fixed the limits of allowable slope disturbance when granting
preliminary subdivision approval, shall be conducted so that such activity will
not result in grading and/or stripping of natural or existing vegetation in
excess of the limitation standards established in this
section."
Section 5. The Land Use Ordinance of
the
"16‑10.14 Protection of
Wetlands and Transition Areas during Construction.
a. To prevent adverse
impacts on delineated wetlands and transition areas during construction, the
following guidelines shall be employed:
1. A snow fence shall be
installed in the area of disturbance outside of the wetlands transition area
boundary line prior to the commencement of onsite construction, so as to prevent
encroachment into these regulated areas.
2. A silt fence and hay
bales shall be installed downstream from any construction disturbance adjacent
to the wetlands and transition areas so as to prevent the transport of silt into
these areas.
3. The applicant or
developer of the property shall avoid encroachment into state‑regulated wetland
and transition areas. All existing on‑site vegetation within the wetland and
transition areas shall be preserved.
4. All conservation easement
boundaries on approved sites shall be delineated with a sufficient number of
permanent markers to ensure that future encroachment and destruction of wetlands
and transition areas does not occur. All such markers shall be in accordance
with
SECTION 6. Subsection 24‑5(d) of the
Land Use Ordinance of the
"24‑5(d). The slope analysis
shall verify that the final grading of the lot and the land to be disturbed by
the improvements are consistent with the terms of any prior subdivision of site
plan approval with regard to protection of critical areas as related to the
subject lot as set forth in subsection 16‑10.13. Where no prior subdivision or
site plan approval has established the extent of slope disturbance for the lot
in question, the standards fixed by subsection 1610.13 shall
apply."
SECTION 7. The Land Use Ordinance of
the
24-5. Wetlands and transition areas shall be protected as set forth in subsection 16‑10.14."
SECTION 8. This ordinance
shall take effect after final passage and publication pursuant to
law.
Adopted:
Attest:
__________________________
BY:__________________________
Penny Newell, Township Clerk Kathryn A. Porter, Mayor
