ORDINANCE RELATING TO CONSERVATION EASEMENTS, AMENDING PARAGRAPH
16-10.8(f), AMENDING AND SUPPLEMENTING SUBSECTION 16-10.10 AND REPEALING
SUBSECTION 16-10.10A OF THE LAND USE ORDINANCE OF THE
BE IT ORDAINED by the
Township Committee of the
Section 1. Paragraph 16-10.8
(f) entitled "Conservation Easement" of the Land Use Ordinance of the
Township of Mendham is hereby amended to read in its entirety as follows:
"16-10.8
(f). Conservation Easements. Conservation easements, as described in Section
16-10.10, in favor of the Township may be required as a condition of approval
of a subdivision or site plan to protect natural resources of special character
or environmentally sensitive areas. Resources to be protected may include, but
are not limited to, the following:
1. wetlands and wetland
transition areas.
2. streams and stream
corridors.
3. steep slopes."
Section 2. Subsection 16-10.10 of the Land Use
Ordinance of the
"16-10.10 Conservation and Utility Easements.
a.
Utility Easements. In large scale development
by subdivision or by site plan, easements along rear property lines or
elsewhere for utility installation may be required. The easements shall be at
least twenty (20) feet wide and located in consultation with the companies or
municipal departments concerned.
b.
Stormwater Easements. When property shown on a
subdivision or site plan is traversed or bordered by a drainage way, a
stormwater easement or drainage right-of-way conforming substantially with the
outer limits of such drainage way shall be dedicated to the Township by the
developer.
c.
Stream Easements. When property shown on a
subdivision or site plan is traversed or bordered by a stream, a stream
conservation easement based on the centerline of the stream shall be dedicated
to the Township by the developer. For perennial streams, the conservation
easement shall be one hundred fifty (150) feet in width on either side of the
stream centerline. The minimum width for a conservation easement for a
watercourse of intermittent nature shall be fifty (50) feet on either side of
the centerline.
d. Steep slope areas. Conservation easements for steep slope areas shall encompass areas
containing slopes of twenty-five (25) percent or greater.
e.
All other conservation
easements. The extent of area(s) to be covered by all other conservation
easements shall be determined by the appropriate board, in consultation with
the applicant, to be sufficient to protect the resource in question.
f.
Map, Metes and Bounds
Descriptions and Form of Conservation Easements. A map showing the size,
shape, location and purpose of any required conservation easement (including
the proposed location of required boundary markers, which shall be in
accordance with Mendham Township Standard Detail G-1 0) shall be submitted by
the applicant. The accuracy of the map shall be confirmed prior to approval of
any easement agreement. Easements or rights-of-way as required by the
appropriate board shall be described by metes and bounds. Conservation
easements shall be consistent with the form provided in Appendix F, entitled
"Approved Form of Conservation Easement", which Appendix is hereby
approved and incorporated herein, except that such easements may be modified or
adjusted based on the particular circumstances of a specific development
application or property. Any easements prepared in favor of the Township shall
be approved as to form and substance by the Township attorney."
Section 3. Subsection
16-10.1OA of the Land Use Ordinance of the
Section 4. This ordinance
shall take effect after final passage and publication pursuant to law.
OF
THE
BY (A) APPROVING THE FORM OF CONSERVATION EASEMENT,
(B)
AMENDING THE
AND (C) PROVIDING CERTAIN PRECONDITIONS
TO ISSUING CONSTRUCTION OR DEMOLITION PERMITS.
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE
SECTION 1. Section 16‑10.10c entitled "Public Use
and Service Areas; Conservation Easements" of the Land Use Ordinance of
the
"16‑10.10c. Easements or rights‑of‑way as
required by the planning board under a or b 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. Conservation easements shall
be in the form provided in Appendix F, entitled `Approved Form of Conservation
Easement,' said Appendix being annexed hereto and incorporated herewith."
SECTION
2. The Land Use Ordinance of the
"The CONSERVATION
EASEMENT hereby granted and conveyed to the Grantee is subject to the following
terms and conditions:
1. No live trees, shrubs,
plants or other vegetation now or hereafter existing within the easement area
shall be destroyed or removed other than in the course of removing invasive
species, to maintain the health of the conservation area, except with written
approval of the Grantee acting through its governing body or such other body or
official as the governing body may designate.
2. No topsoil, sand, gravel,
loam, rock or other material shall be excavated, dredged or removed from the
easement area except with written approval of the Grantee acting through its
governing body or such other body or official as the governing body may
designate.
3. No buildings, structures,
fences or other improvements shall be erected or placed within the easement area
and no roads, drives or trails for motorized vehicles shall be constructed or
maintained within the easement area. The term "motorized vehicles" as
used herein shall include but not be limited to automobiles, trucks,
snowmobiles, ATVs, motorcycles, motor bikes, mopeds, go‑carts and dune
buggies.
4. No dumping or placing of
soil or other substances or materials and no dumping or placing of trash, waste
or unsightly or offensive material for disposal or otherwise shall be permitted
within the easement area.
5. No solid or liquid materials
which might pollute or otherwise adversely affect the flow or quality of the
water in any watercourse within or near the easement area shall be kept or
stored within the easement area or placed in or discharged into any watercourse
traversing or protected by the easement area.
6. No activities shall be
permitted within the easement area which might be detrimental to drainage,
flood control, springs, water conservation, water quantity or quality
protection, erosion control, soil conservation or vegetation or scenic
protection, and no other act or uses detrimental to the preservation of the
easement area shall be permitted by any person.
7. The Grantee, by its
officials, employees and agents shall have the right, but not the duty, to enter
upon the easement area for purposes of inspection, protection and maintenance,
but this right does not evidence nor create any agreement or obligation upon
the Grantee to inspect, protect or maintain the easement area. The use by the
Grantee of equipment for maintenance purposes shall not constitute a violation
of the terms and conditions of this easement grant, and no act of the Grantee
for inspection, protection or maintenance shall give rise to any obligation on
the part of the Grantee for further or other inspection, protection or
maintenance. In the event, however, that the lands of Grantor are damaged or
disturbed by the Grantee, its officials, employees or agents in connection with
the exercise of rights granted hereunder, the Grantee shall, within a
reasonable time, restore said lands to substantially the same condition as
existed prior to said damage or disturbance.
8. Although the conservation
easement hereby granted and conveyed to the Grantee is created for the benefit
of the general public by the protection of water and land resources and natural
beauty, nothing herein contained shall be construed to convey to the public any
right of access to or use of the easement area, and the Grantor shall, subject
to the general and specific terms and conditions of this indenture, retain the
exclusive right of use of the easement area. This indenture imposes no
obligation on Grantor and no restriction on the use of the easement area except
as specifically set forth herein, and nothing contained herein shall be construed
as interfering with the right of Grantor and Grantor's successors and assigns
to utilize the easement area in such
manner as they may deem desirable, subject to the provisions of this
indenture."
SECTION 3. Chapter XXIV entitled
"Lot Development Permit" of the Land Use Ordinance of the
A. Subparagraph (a) of Section 24.3 entitled "Procedure for
Obtaining A Lot Development Permit" is hereby amended to read in its
entirety as follows:
"24‑3(a) Consideration
of the issuance of a LDP shall be made upon submittal of an application form
and five (5) copies of an Undeveloped Lot Improvement Plan (ULIP) which shall
be subject to review by the Township Engineer who may refer the application and
ULIP to the Planning Board Planning Consultant and the Planning Board
Environmental Consultant for review and comment if he deems it to be
necessary."
B. Subparagraph (a) of Section 24.6 entitled "Inspection" is hereby amended to read in its entirety as follows:
"24‑6(a) In order to assure compliance with the terms of the LDP, periodic inspections of the site development operations shall be made by the Township Engineer and the Planning Board Environmental Consultant, as required, during the course of the work."
SECTION 4. Section 16‑7.7
entitled "Requirements for Construction Permits" of the Land Use
Ordinance of the
"16‑7.7(c) The Township Construction Official
shall not grant a construction permit for any new structure on any undeveloped
lot or a demolition permit for a single family dwelling unless the applicant
shall have first applied for and been granted a tree removal permit and/or lot
development permit. The applicant shall not be required to obtain a tree
removal permit if the Tree Preservation and Landscape Committee has advised the
Township Construction Official in writing that a tree removal permit is not
required for the site. The applicant shall not be required to obtain a lot
development permit if the Township Engineer has advised the Township
Construction Official in writing that a lot development permit is not required
for the site."
SECTION 5. Section 22‑1.2 entitled
"Construction Permit" of the Land Use Ordinance of the
"22‑1.2 Construction Permit. The Construction Official shall in no
case issue a construction permit for the erection, structural alteration of any
building or demolition of a single family dwelling unless the proposed
construction, structural alteration, use or development of the site is in
conformity with the provisions of this ordinance, any other applicable
requirement of law and any required approvals or variances granted in
accordance with law."
SECTION 6. Section 23‑7.6
entitled "Withholding of Construction Permit" of the Land Use
Ordinance of the
"23‑7.6 Withholding of Construction Permit. The Township
Construction Official shall not issue a construction permit for an undeveloped
lot or a demolition permit for any single family dwelling until a tree removal
permit has been issued by the Tree Preservation and Landscape Committee for
such lot or building or the Tree Preservation and Landscape Committee has
advised the Township Construction Official in writing that a tree removal
permit is not required to be issued in accordance with the provisions of this
Chapter."
SECTION 7. Section 24‑1 entitled
"Lot Development Permit" of the Land Use Ordinance of the
"24‑1 LOT
DEVELOPMENT PERMIT. Prior to the
issuance of a construction permit by the Construction Official for any new
structure on any undeveloped lot or a demolition permit for any existing single
family dwelling a Lot Development Permit (LDP) shall be applied for and issued
by the Township Engineer or the Township Engineer has advised the Township
Construction Official in writing that a LDP is not required to be issued in
accordance with the provisions of this Chapter."
SECTION 8. All ordinances and parts of ordinances inconsistent
herewith are hereby repealed to the extent of such inconsistency.
SECTION 9. This ordinance shall take effect after final passage
and publication pursuant to law.
Adopted: May 14, 2001
__________________________ By
________________________
Penny Newel1, Township Clerk Brian
J. Phelan, Mayor