[Added 12-13-1988 by Ord. No. 354-2CCCCC-88; amended 2-25-2003 by Ord. No. 354-2A-03]
As used in this Part 5, the following terms
shall have the meanings indicated:
A linear mound of soil on a site used as a visual impediment,
either natural or man-made.
An area within a property or site generally adjacent to and
parallel with the property line, either consisting of natural existing
vegetation or created by the use of trees, shrubs, fences and/or berms,
designed to continuously limit the view of the site from adjacent
site or properties.
A structure or planting providing a continuous view obstruction
within the site or property, consisting of fencing, berms and/or evergreen
trees or shrubs.
The diameter of a tree trunk measured in inches six inches
above the ground level for trees up to four inches in diameter and
measured 12 inches above ground level for trees over four inches in
diameter.
A chemical compound, dry or liquid, which kills or permanently
inhibits the germination of plant seeds but has no effect on existing
plant material or plants installed after application of such compound
when used according to its directions.
Evergreens; any plants of the coniferales order with true
cones.
Plants that drop their leaves before becoming dormant in
winter; not evergreens.
Low-growing plants; vines, shrubs or sod that in time form
a dense mat covering the area in which they are planted preventing
the growth of unwanted plants while holding the soil in place. Examples
are rose species, cotoneaster species, euonymus species, ivy species,
juniper species, honeysuckle species, pachysandra species, vine species
and sod.
The area of a site or property, excluding the area occupied
by buildings, other structures, parking, driveways, sidewalks, detention/retention
facilities, wetlands, any impervious surface, trash enclosures and
drainage outfalls.
Any covering placed on soil to conserve moisture, eliminate
weed growth and protect plants from extremes of heat and cold. Examples
are shredded hardwood, stone or gravel products, and other organic
material not readily subject to movement by wind or water. Freshly
cut, untreated wood chips are not acceptable, given their nitrogen-consuming
qualities.
Any plant(s), deciduous or evergreen, generally multistemmed,
classified and sold by height or spread, measured in inches or feet.
All street trees, or those planted along the
street in conjunction with a subdivision or site plan, are recommended
to be from the following list planted in the manner indicated:
A.
For purposes of this Part 5, any reference to "small
trees" shall include the following trees, which shall be planted 30
feet on center and which shall be planted in accordance with the following:
(The reference to "B&B" shall mean balled and burlapped.)
|
Botanical Name
|
Common Name
|
Mature
Height
(feet)
|
Planting Height and Method
(feet)
|
|---|---|---|---|
|
Carpinus betulus fastigiate
|
Pyramidal European hornbeam
|
35
|
8 to 10, B&B
|
|
Cornus florida
|
White flowering dogwood
|
25
|
8 to 10, B&B
|
|
Cornus florida ruba
|
Red flowering dogwood
|
20
|
8 to 10, B&B
|
|
Malus baccata
|
Siberian crab
|
25
|
8 to 9, 2 to 2 1/2 inches caliper, B&B
|
|
Malus scheideckeri Superba
|
Scheidecker crab
|
15
|
8 to 10, B&B
|
|
Prunus serrulata Kwanzan
|
Kwanzan cherry
|
40
|
8 to 10, B&B
|
|
Pyrus calleryana "Redspire" (Plant Patent Number
3815)
|
Redspire pear
|
35
|
8 to 10, B&B
|
|
Sophora Japonica "Regent"
|
Regent scholar tree
|
40
|
8 to 10, B&B
|
|
Ulmus parvifolia
|
Chinese laceback elm
|
40
|
8 to 10, B&B
|
|
*Species not listed may be approved at the discretion
of the Planning Board.
|
B.
For purposes of this Part 5, any reference to "average
sized trees" shall include the following trees, which shall be planted
at a maximum of 40 feet on center and which shall be planted in accordance
with the following: (The reference to "B&B" shall mean balled
and burlapped.)
|
Botanical Name
|
Common Name
|
Approx.
Mature Height
(feet)
|
Planting Height and Method
(feet)
|
|---|---|---|---|
|
Acer rubrum "October glory" (Plant Patent Number
2116)
|
October glory maple
|
60
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Cercidiphyllurn Japonicum
|
Katsura tree
|
45
|
9 to 11, 2 to 2 1/2 inches caliper, B&B
|
|
Fraxinus Americana "Rosehill" (Plant Patent
Number 2678)
|
Rosehill ash
|
70
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Ginkgo biloba "Princeton Sentry" (Plant Patent
Number 2726)
|
Maidenhair tree
|
75
|
10 to 12, 2 to 2 1/2 inches caliper, B&B
(grafted male plants only)
|
|
Gleditsia triacanthos inermis "Shademaster"
(Plant Patent Number 1515) or "Halka"
|
Shademaster honey locust (or Halka)
|
60
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Gymnocladus dioicus
|
Kentucky coffee tree
|
46
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Tilia cordata "Greenspire" (Plant Patent Number
2086)
|
Greenspire linden
|
60
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Zelkova serrata "Village Green" (Plant Patent
Number 2337)
|
Village green zelkova
|
60
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
* Species not listed may be approved at the
discretion of the Planning Board.
|
C.
For purposes of this Part 5, any reference to "large
trees" shall include the following trees, which shall be planted at
a maximum of 50 feet on center and which shall be planted in accordance
with the following: (The reference to "B&B" shall mean balled
and burlapped.)
|
Botanical Name
|
Common Name
|
Approx.
Mature Height
(feet)
|
Planting Height and Method
(feet)
|
|---|---|---|---|
|
Acer saccharm "Green Mountain" (Plant Patent
Number 21191
|
Green mountain sugar maple
|
75
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Platanus acerifolia
|
London plane tree
|
80
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Quercus borealis
|
Northern red oak
|
75
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Quercus palustris "Sovereign" (Plant Patent
Number 2662)
|
Sovereign pin oak
|
80
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
Quercus phellos
|
Willow oak
|
75
|
12 to 14, 2 to 2 1/2 inches caliper, B&B
|
|
* Species not listed may be approved at the
discretion of the Planning Board.
|
In all landscaped areas, trees are recommended
to be from the following lists:
A.
Where such landscaped areas are adjacent to rivers,
bays, lagoons or other wet areas:
(1)
Shade trees:
|
Acer rubrum
| |
|
Betula alba
| |
|
Betula papyrifera
| |
|
Cryptomeria Japonica
| |
|
Liquidambar styraciflua
| |
|
Nyssa sylvatica
| |
|
Picea
| |
|
Pinus thunbergia
| |
|
Platanus acerifolia
| |
|
Platanus occidentalis
| |
|
Quercus palustris
| |
|
Quercus phellos
| |
|
Salix babylonica
|
(2)
Flowering/ornamental trees:
|
Amelanchier canadensis
| |
|
Crataegus phaenopyrum
| |
|
Eleagnus umbellata
| |
|
Magnolia grandifolia
| |
|
Magnolia Virginiana
| |
|
Prunus maritima
| |
|
Prunus serotina
|
B.
Where such landscaped areas are located in areas other than as described in Subsection A above:
(1)
Shade trees/evergreen buffer trees:
|
Acer platanoides
| |
|
Acer saccharum ("Green mountain")
| |
|
Cercidiphyllum Japonicum
| |
|
Cupressoyparis ("Leylandii")
| |
|
Fraxinus species
| |
|
Ginkgo biloba
| |
|
Gleditsia triacanthos inermis
| |
|
Gymnocladus dioicus
| |
|
Liquidambar styraciflua
| |
|
Picea species
| |
|
Pinus species
| |
|
Pseudotsuga menziesii
| |
|
Quercus species
| |
|
Sophora Japonica ("Regent")
| |
|
Tilia cordata ("Greenspire")
| |
|
Ulmus parvifolia
| |
|
Zelkova serrata ("Village green")
|
(2)
Flowering/ornamental trees:
|
Cornus species
| |
|
Magnolia species
| |
|
Malus species
| |
|
Prunus species
| |
|
Pyrus species
| |
|
Amelanchier species
| |
|
Cercis Canadensis
| |
|
Koelreuteria paniculata
| |
|
Chionanthus virginlcus
| |
|
Laburnum x watereri
|
All trees must be planted at the following minimum
sizes and in the following manner unless otherwise specified:
B.
Tagged with a durable label indicating the genus,
species, variety and cultural requirements, including watering and
fertilization.
C.
Planted in a tree pit that is 12 inches wider than
the root ball on all sides, and backfilled with a planting soil mix
that is 1/3 leaf compost, 1/3 original soil, and 1/3 topsoil by volume.
D.
With a saucer or ring of packed soil around the finished
planting hole to catch and hold water.
E.
Mulch (four inches thick) applied around each individual
or group of trees.
A.
Only nursery-grown plant materials are acceptable.
B.
All plant materials should be sufficiently hardy to
withstand the effects of pollution, salt, insect manifestations and
any other hazard associated with the specific environment.
C.
Trees and shrubs should be planted only when the soil
is frost-free.
D.
Planting season shall be March 15 to June 30, or September
1 to November 30, for all shade and buffer trees.
E.
Proper sight distance should be provided at the intersection
of ingress and egress driveways by establishing sight triangles in
accordance with current specifications. Within these sight triangles,
plantings should be restricted to low spreading varieties of plants
and shrubs of not more than 30 inches in height at maturity or larger
single-stem trees pruned of all lower branches to a minimum height
of seven feet.
F.
Any curbed island planter must be a minimum width
of 7 1/2 feet. The minimum depth of topsoil in such planters
must be one foot for shrubs and two feet for trees.
G.
All soils must be of a proper physical and chemical
property to support the proposed plant materials.
H.
All planting beds must specify a minimum of four inches
of mulch shall be used in all nongrassed landscape bed areas.
I.
All landscaping should be planted as to not interfere
with utility lines, sight triangles, underground utilities or public
walkways.
J.
All planted landscaped areas must be irrigated with
an underground irrigation system.
K.
Where practicable, all turf areas located in the front
yard area shall be irrigated with an underground irrigation system.
L.
A minimum of 30% of all planted shrub material must
be either flowering material or ornamental grasses capable of withstanding
typical streetscape areas.
A.
Where any commercial, industrial or multifamily residential district or recreational area, whether public or private, abuts a residential use or zone, a landscaped buffer strip shall be permanently maintained along the property line abutting the residential use or zone. The width of such buffer shall be in accordance with the minimum width established for the zone, as provided in Part 2, Zoning, of this chapter. In the case of recreational uses, whether public or private, the nature and extent of the buffer shall be dependent upon the use. The nature and extent of the buffer requirements shall be referred to the Planning Board for consideration and determination.
B.
Buffer areas shall consist of a landscaped area consisting of massed evergreen and deciduous trees and shrubs. Whenever possible, the preservation of natural wooded tracts and limited land disturbance is preferred over clearing and replanting of buffer areas. In the event planting is necessary, the use of native vegetation, which requires less fertilization than nonnative species is required. Where appropriate, evergreen trees shall be planted 10 feet apart in two staggered rows for buffers under 30 feet in width and three staggered rows for those 30 feet and larger that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreens and deciduous shrubs shall have a minimum height of three feet when planted and shall be of varieties which normally grow to a minimum height of six feet with two full growing seasons. The height of shrubs planted in buffer areas shall be measured from the ground level area around the base of the shrub at to the topmost part of the shrub, once the shrub has been properly planted in the ground, except in those instances where Part 2, Zoning, of this chapter requires that height shall be measured in relation to the elevation of the adjacent parking area. In such cases as the ground elevation of the location at which the screen shall be planted is less than the elevation of an adjacent parking area, the required height of the screen shall be increased in an amount equal to said difference in elevation.
[Amended 11-29-2005 by Ord. No. 354-2H-05]
C.
Buffer areas may be used for no other purpose other
than as a buffer and for nonstructural stormwater management areas
by disconnecting impervious surfaces and treating runoff from these
impervious areas. The only structures which may be erected within
a buffer area are fences as elsewhere regulated in this Part 5.
[Amended 11-29-2005 by Ord. No. 354-2H-05]
D.
Where an area required for a buffer is already wooded,
it may be preserved in its natural state, and the existing growth
shall be supplemented with additional plant material, at the discretion
of the Planning Board, to bring the buffer area up to the minimum
requirements of this Part 5.
E.
Where a particular use, at the discretion of the Planning
Board, cannot be adequately screened from an adjacent residential
use or zone through proper grading, berming and/or landscaping with
natural plant material, a solid wooden or PVC continuous fence of
not less than six feet in height shall be erected within the designated
buffer zone to supplement existing or proposed vegetation. The finished
side of the fence shall face outwards towards the adjacent lot. Fences
shall be erected at a continuous elevation such that the top of the
fence will appear level and uniform.
F.
All newly planted trees in a screening area shall
be watered weekly (in the absence of significant rainfall) through
the first growing season.
G.
In the event that any tree, shrub or other planting required by the landscape and buffer provisions of this Part 5 or of Part 4, Zoning, of this chapter shall not live, they shall be replaced immediately or, if they shall die at a time which is not appropriate for planting, then they shall be replaced in the next planting season.
H.
The width of the required buffer areas is as follows
and is applicable when a residential use or zone is abutting or across
the street:
(1)
B3 Zone Minimum 60 feet or 20% of lot depth not to
exceed 100 feet, whichever is greater.
(2)
B2 Zone Minimum 25 feet or 20% of lot depth not to
exceed 75 feet, whichever is greater.
(3)
B1 Zone Minimum 15 feet or 20% of lot depth not to
exceed 60 feet, whichever is greater.
|
Zone
|
Where Applicable
(sq. ft.)
|
Minimum Width
(feet)
|
|---|---|---|
|
B-1
|
Lots less than 15,000
|
15 square feet
|
|
B-1
|
Lots of 15,000 to 20,000
|
20 square feet
|
|
B-1 and B-2
|
Lots of 20,001 to 30,000
|
25 square feet
|
|
B-1 and B-2
|
Lots 30,001 to 50,000
|
30 square feet
|
|
B-1 and B-2
|
Lots 50,001 to 2 acres
|
40
|
|
B-1, B-2 and B-3
|
Lots in excess of 2 acres
|
60
|
|
B-4
|
When adjacent to residential use or zone
|
150
|
|
When across from residential use or zone
|
100
| |
|
O-P-T
|
All instances
|
25
|
|
O-P
|
All instances
|
15
|
|
H-S
|
All instances
|
50
|
|
M-1
|
All instances
|
60
|
|
R-M
|
Along all property lines
|
50
|
I.
For the purpose of this section, schools shall be
considered residential uses.
J.
For purposes of this section, all marinas or boatyards
located within a residential zone shall comply with the buffer requirements
of a B-1 Zone in accordance with the corresponding lot area.
A.
Minimum landscaped area requirements are as follows:
|
Zone
|
Area Requirement
|
|---|---|
|
B-1
|
15%
|
|
B-2
|
20%
|
|
B-3
|
25%
|
|
B-4
|
30%
|
|
O-P-T
|
20%
|
|
O-P
|
15%
|
|
H-S
|
20%
|
|
M-1
|
25%
|
B.
Detention/retention basin areas within the one-hundred-year
flood limit shall not be included as minimum landscape area.
C.
In all single-family residential zones, one shade
tree is required for 2,000 square feet of lot area, plus one additional
tree per lot required. These requirements are in addition to required
street trees. If an existing area is left in its natural state, the
area in which it covers may be subtracted from the area of the lot
for the purpose of calculating shade tree requirements.
D.
In all subdivisions, street trees shall be installed
on both sides of all streets in accordance with the approved landscape
plan. Trees shall be massed at critical points and also spaced evenly
along the street.
(1)
When trees are planted at predetermined intervals
along the street, spacing shall depend on tree size, as follows:
|
Tree Size
|
Planting Interval
(feet on center)
|
|---|---|
|
Large trees
|
45
|
|
Average size trees
|
40
|
|
Small trees
|
30
|
(2)
If a street canopy effect is desired, trees may be
planted closer together, following the recommendations of a Certified
Landscape Architect. The trees shall be planted so as to not interfere
with utilities, roadways, sidewalks, sight easements or streetlights.
Street trees do not count towards the requirement of one tree per
every 2,000 square feet.
E.
To create an alley effect along all roadways, the
street tree pattern for any development should be harmonious with
those of other developments along the same street or within the same
development.
F.
In all multifamily zones, all areas not utilized by
the structure or parking must be landscaped, including a minimum of
three shade tree per dwelling unit.
G.
Berming shall be used in all subdivisions and site
plans along all arterial and collector roads in accordance with 245-311M.
H.
Buffers.
|
Existing Bulk Requirement
(in feet)
| ||||
|---|---|---|---|---|
|
Zone
|
Depth
|
Front
|
Rear
|
Buffer
|
|
B-1
|
90
|
30
|
20
|
15-60
|
|
B-2
|
125
|
50
|
50
|
25-60
|
|
B-3
|
200
|
75
|
60 50
|
60
|
|
B-4
|
300
|
100
|
150
|
150
|
|
O-P
|
150
|
50
|
50
|
15
|
A.
Parking islands may be permitted in any parking lot
but shall be required in all parking lots providing for more than
20 parking spaces. The area of the landscaping within parking lots
must be a minimum of 5% of the parking area and must contain at least
one shade tree and three shrubs for every 10 stalls.
B.
Planting strips must be provided between adjoining
parking lots providing control of vehicular movement from one parking
lot to the other. In this instance, no parking shall be allowed within
10 feet of the property line, on either side, providing a ten-foot
strip sufficient for landscaping.
C.
In addition to shade trees and shrubs, parking islands
are to contain low-level plantings and a mulch ground cover.
D.
Where practical, parking areas shall be screened from
view by planting shrubs in mulch beds. Shrubs shall be a minimum of
60% evergreen and shall be of a size that is a minimum of 30 in inches
height at the time of planting. All such screening shrubs shall be
planted at a spacing of four feet on center.
A.
Existing shrubs, specimen trees and other vegetation
shall be saved, protected and retained to the greatest extent practicable.
B.
Tree save areas shown on the landscape plan shall
be marked in the field by four-foot high snow fencing, said fencing
shall be self-supporting and placed a minimum of six feet from each
area it is designed to protect and installed prior to any excavation
or construction.
C.
All specimen trees marked to be retained on the plan
shall be marked in the field by a brightly colored surveyor's ribbon.
D.
The grade of land located within 10 feet of a larger
than six-inch caliper tree shall be preserved at existing elevation.
A snow fence shall be installed to form a ten-foot by ten-foot preservation
area around each tree prior to bringing any earth moving equipment
on site. These areas must remain free of soil stockpiles.
E.
Tree wells are to be of a durable material and at
a minimum six feet from any tree they are designed to protect. The
well shall be constructed from the existing grade without excavation
for footings.
F.
Any cleaning within six feet of tree trunks must be
performed by hand.
G.
No equipment is to be driven on the ground surface
within the dripline of trees to remain, and no building materials
shall be stacked against such trees.
H.
Topsoil is not to be stockpiled within the dripline
of any tree to be preserved.
I.
If an area is specified to remain in its natural state,
no modification of the area is permitted. This is intended for larger,
undisturbed tracts. For those smaller areas, selective thinning of
dead or dying vegetation, tree stumps and other undesirable growth
is required. More desirable species shall be used to supplement vegetation
in these areas. In buffer areas, vegetation must be added to conform
to buffer zone standards.
A.
The following materials shall be submitted:
(1)
A planting schedule, including quantities, planting
size, size at maturity and types of plant by botanical and common
names keyed to the plan. All plants shall be specified as B&B
or container grown.
(2)
All proposed landscape plantings and other landscape
improvements.
(3)
Location and spacing of each plant to scale.
(4)
Planting details including plant pit dimensions and
backfill (planting mix) materials.
(5)
Ground covers to be used.
(6)
Specification of ground plant treatment as either
surf or sod.
(7)
Name and address and telephone number of person, firm
or organization preparing landscape plan.
B.
Major site and subdivision plans must contain a detailed
plan to a scale of one inch equals 10, 20, 30, 40 or 50 feet. A certified
landscape architect must prepare and seal all landscape plans when
the site is in excess of one acre. All landscape plans should reflect
the proposed grading of the site.
C.
All landscaping plans must show all existing trees
with a diameter of six inches or greater or any ornamental tree with
a diameter three inches or greater and a clearing limit line in heavily
wooded areas. Within the clearing limits, all such specimen trees
must be labeled either to be removed or to be saved.
D.
The dominant species of vegetation must be identified
and indicated on the landscape plan for all areas left in their natural
state, and each specimen tree within the clearing limits shall be
identified by botanical and common name.
A.
If, after proper delineation of clearing limits and
the placement of snow fencing in accordance with this Part 5, any
additional tree disturbance occurs, the developer shall be required
to replace any tree outside the limits of the clearing limit area,
shown on the site plan or subdivision approval, based on the following
schedule:
(1)
The developer shall provide and install, in accordance
with Township standards, one additional two-and-one-half-inch caliper,
twelve-to-fourteen-foot tall acceptable shade tree balled and burlapped
for each one-inch diameter of the tree unnecessarily removed.
(2)
At the developer's option, a four-to-six-inch caliper
new shade tree may be provided and installed at a ratio of one new
tree per three inches of diameter of the tree unnecessarily removed.
B.
The above remedial requirement shall be in addition
to those penalties provided for any violation of this Part 5 or other
remedies provided to the Township by law.
[Added 7-10-2007 by Ord. No. 27-07]
A.
Foundation and intent.
(1)
Riparian buffer protection has significant state,
regional and municipal support in New Jersey. The State Development
and Redevelopment Plan (SDRP, adopted June 1992) calls for the protection
and preservation of large, continuous tracts and corridors of open
space land which contain important biological resources/networks.
Additionally the SDRP calls for the maintenance of riparian corridor
buffers adequate for the protection of water quality, wildlife corridors
and opportunities for recreational activities.
(2)
State support for stream corridor protection is strengthened
by regulatory programs such as State Freshwater Wetlands Protection
Regulations and State Flood Hazard Area Regulations, and by stream
encroachment permits, which govern all development activities within
freshwater wetland areas, surface waters and flood hazard areas of
the state. These regulations are complemented by water quality management
initiatives such as area-wide water quality management plans, wastewater
management plans, and New Jersey Pollution Discharge Elimination System
regulations which primarily control pollutant input to streams through
point sources. In addition, stream corridors and waterfront properties
are protected from development encroachment through the Coastal Areas
Facilities Review Act and the Waterfront Development Act.
(3)
This section will apply only when no other regulatory
agency approvals are required for new developments, including, but
not limited to the above-mentioned State of New Jersey, Department
of Environmental Protection regulatory programs.
(4)
Riparian corridor protection is an essential aspect
of the intent and purposes stated under New Jersey Municipal Land
Use Law, which is the legal foundation for the municipal planning
and zoning process. Riparian buffer protection is critical to protecting
the drinking water supply of those who are dependent on vital surface
water resources.
B.
ACTIVITY
DEVELOPMENT
ENCROACHMENT
IMPERVIOUS SURFACE
INTERMITTENT STREAMS
LAKE, POND or RESERVOIR
LAND DISTURBING ACTIVITY
ONE-HUNDRED-YEAR FLOOD LINE
PERENNIAL STREAMS
RIPARIAN BUFFER
RIPARIAN CORRIDOR
SURFACE WATERBODY
(1)
(2)
(3)
TOP OF BANK
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any land disturbance, including any development for which
an application for development is necessary.
Any existing or proposed activity which includes ground and/or
vegetative clearing, pavements, buildings or any other improvements
which exist or are proposed to disturb the riparian buffer area.
Any area in which development exists or is proposed to extend
into the three-hundred-foot riparian buffer area.
Any paved, hardened or structural surface which does not
allow for complete on-site infiltration of precipitation. Such surfaces
include but are not limited to buildings, driveways, streets, parking
lots, swimming pools, dams, tennis courts, concrete pavers, brick
pavers and any other structures that meet the above definitions.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water.
Any impoundment, whether naturally occurring or created in
whole or in part by the building of structures for the retention of
surface water, excluding sedimentation control and stormwater retention/detention
basins and ponds designed for treatment of wastewater.
Any grading, scraping, excavating or filling of land, clearing
of vegetation, and any construction or additions to the footprint
of a structure.
The line formed by following the outside boundaries of the
area inundated by a one-hundred-year flood. A one-hundred-year flood
is estimated to have one-percent chance or one chance in 100 of being
equaled or exceeded in any one year. The one-hundred-year flood line
shall be determined by reference to the most recent flood insurance
rate maps promulgated by the Federal Emergency Agency or such other
documentation that may be determined valid by the Township Engineer.
Streams that flow continuously throughout the year and shall
be portrayed by a solid blue line on the USDA Soil Survey Map.
Means and refers to the area of land within a minimum width
of 300 feet located adjacent on either side to permanent or intermittent
riparian buffers, lakes, and ponds, measured as a line extending perpendicularly
from the one-hundred-year floodplain delineation. If there is no one-hundred-year
flood line delineated, the distance shall be measured outward from
the top of the bank of the stream channel. If slopes greater than
10% abut the outer boundary of the stream corridor, the area of such
slopes shall also be included as in the stream corridor.
Means and refers to the land area that acts as a transition
between the aquatic and upland ecosystems.
Any perennial stream or river (or portion thereof)
that is portrayed as a solid line on a United States Department of
Agriculture Soil Survey Map of the most recent edition; and
Any intermittent stream or river (or portion
thereof) that is portrayed as a dashed line on a United States Department
of Agriculture Soil Survey Map of the most recent edition; and
Any lake or impoundment that does not lie entirely
within a single parcel of land. For the purpose of this section, this
buffer does not apply to man-made stormwater management facilities,
farm ponds, fountains and/or ornamental ponds.
The upper ridgeline of the confining channel as defined by
the Rosgen stream classification method.
C.
Applicability.
(1)
For all major subdivisions, minor subdivisions and
site plans, a three-hundred-foot wide riparian buffer shall be provided
along all streams or waters (as defined), unless a decreased buffer
is approved through other regulatory approvals by the NJDEP.
(2)
Where a riparian buffer easement has been recorded
on a residential parcel, the property owner has the right to the development,
redevelopment, or alteration of a single-family home, but no disturbance
or construction is permitted in the recorded buffer.
(3)
Where a riparian buffer easement has not been recorded
on a residential parcel, the existing property owner has the right
to the development, redevelopment, or alteration of a single-family
home and appurtenances where the proposed improvements in the riparian
buffer are less than a disturbance of 10,000 square feet or creation
of less than 3,500 square feet of additional impervious surface and
the riparian buffer restrictions would present an unfair hardship
to the applicant as determined by the land use board of jurisdiction.
D.
Activities and uses.
(1)
Activities permitted in riparian buffers.
(a)
Riparian buffers remain in their natural state,
with no clearing or cutting of trees and brush (except for removal
of dead vegetation and pruning for reasons of pubic safety), no altering
of watercourses, regrading or construction, except for the following
activities:
[1]
Wildlife sanctuaries, woodland preserves and
arboretums, but excluding enclosed structures.
[2]
Game farms, fish hatcheries and fishing reserves,
operated for the protection and propagation of wildlife, but excluding
enclosed structures.
[3]
Unpaved hiking, bicycle and bridle trails, and
public viewing areas.
[4]
Fishing areas.
[5]
Public parks, roadways or projects.
[6]
Stream cleaning and stream rehabilitation work
undertaken to improve hydraulics or protect public health.
[7]
Culverts as needed, provided that they cross
the buffers directly as practical.
[8]
Utility transmission lines installed during
periods of low stream flow in accordance with soil erosion and sediment
control practice and approved by the Ocean County Soil Conservation
District in a manner which will not impede flows or cause ponding
of water.
[9]
Structures comprising part of an identified
regional flood detention project.
(b)
Permitted activities shall be in accordance
with all applicable federal, state and local permits.
(2)
Riparian buffer encroachment. For all major subdivisions,
minor subdivision, and site plans, encroachment within the buffer
area shall only be allowed where previous development or disturbance
has resulted in the placement of impervious surfaces such as roadways,
parking lots, swimming pools, or buildings. Existing impervious cover
shall not be increased within the riparian buffer zone as a result
of encroachment. The encroachment shall only be allowed to continue
where the applicant demonstrates that the functional value and overall
condition of the buffer will be maintained to the maximum extent practicable.
The development will not be permitted to expand the encroachment waterward
or linearly. In no case shall the remaining riparian buffer be reduced
to less than 150 feet as measured perpendicular to the top of bank
of the waterway or center line of the waterway where the bank is defined.
Preexisting encroachments are permitted to be replaced with other
variations of encroachments. For example, a previously paved area
shall be permitted to be replaced with a building footprint as it
does not increase impervious coverage in the buffer area.
(3)
Prohibited activities. All uses shall be prohibited within a recorded riparian buffer except as permitted in Subsection D(1)(a)[1] and [2] above.
(a)
Use of fertilizers, pesticides, or other chemicals
by other than a government agency.
(b)
Vehicular traffic and parking areas.
(c)
Removal or disturbance of vegetation inconsistent
with erosion control and buffering objectives.
(d)
Any solid or hazardous waste facilities, including,
but not limited to sanitary landfills, transfer stations, and wastewater
lagoons.
(e)
Junkyards, commercial and/or industrial storage
facilities and open storage of vehicles and materials.
E.
Provisions governing activities.
(1)
Submission requirements for all new development applications.
An applicant for an activity to or within a riparian buffer shall
submit to the municipality a map of the project site delineating the
following (at a scale of not greater than one inch equals 100 feet)
using the best available information:
(a)
One-hundred-year flood line;
(b)
State wetland boundary lines and wetland buffer
boundary lines;
(c)
The riparian corridor buffer boundary and installed
monument locations;
(d)
Any slopes greater than 10% within the site;
(e)
The location of all improvements and land disturbance,
existing or proposed, to be located within any of the above boundaries;
(f)
All plat detail requirements as would otherwise
be required for a site plan submission.
(2)
Submission requirements for applications with existing development. An applicant for an activity in a riparian buffer which exceeds the limits stated in Subsection C(3) above, shall submit to the municipality a map of the project site delineating the following (at a scale of not greater than one inch equals 100 feet) using the best available information:
(a)
One-hundred-year flood line.
(b)
State wetland boundary lines and wetland buffer
boundary lines.
(c)
The riparian corridor buffer boundary and installed
monument locations.
(d)
Any slopes greater than 10% within the site.
(e)
The location of all improvements and land disturbance,
existing or proposed, to be located within any of the above boundaries.
(3)
Regulations for any activities. Any application for
development of activities within the riparian buffer is subject to
the following regulations.
(a)
The applicant for any activity in a buffer shall
rehabilitate any degraded areas within the buffer, in a manner acceptable
to the Board or Township Engineer, as the case may be.
(b)
The applicant shall also be required to accomplish
to the satisfaction of the Township Engineer all of the following:
(c)
The applicant provides whatever additional measures
are necessary to assure that areas designated as riparian buffers
will be preserved and to prevent additional encroachments likely to
occur as a result of the approval granted.
(d)
The Board, in the case of an application for
development, and the Township Engineer, in all cases, may require
conservation easements or deed restrictions assuring there will be
no further intrusion on the buffer than that permitted by the activity
approved.
F.
Buffer width.
(1)
The buffer width as defined shall be 300 feet located
adjacent on either side to streams or water (as defined) measured
as a line extending perpendicularly from the one-hundred-year flood
line or top of bank. (See definition.)
(2)
All building and impervious cover setbacks shall be
situated at the limit of the buffer line.
(4)
Buffer widths may be minimally reduced in areas so
long as an equal area of compensation is provided in another area
of the linear buffer line. Buffer reductions are to be subject to
approval by the Board Engineer.
G.
Buffer vegetation.
(1)
Objectives. Vegetation in the buffer shall consist
of plants able to withstand periodic inundation of water after storms,
as well as occasional drought during the summer months. Plant selection
should favor native species that have multiple values, such as those
suited for fruit, nesting, aesthetics, and tolerance to locally used
herbicides. Tree and shrub species which may be alternate hosts to
undesirable pests shall be avoided. Species diversity should be considered
to avoid loss of function due to species specific pests. All new plantings
shall be consistent with existing, healthy plant material. Approved
plants should:
(a)
Stabilize the ground from erosion.
(b)
Produce shade to reduce pool and ripple warming
whenever possible.
(c)
Enhance pollutant uptake.
(d)
Have very low maintenance since they may be
difficult or impossible to access.
(e)
Provide food or cover for wildlife.
(f)
Be located to reduce pedestrian access to the
deeper pools.
(2)
Lists of plant species.
(a)
NJDEP lists frequently used plant species in
a riparian buffer, which include:
[1]
Asters (Aster).
[2]
Goldenrods (Solidago).
[3]
Beebalm (Monarda didyma).
[4]
Bergamont (Mondarda Fistulosa).
[5]
Lobelias (Lobelia).
[6]
Coneflower (Rudbeckia).
[7]
Violets (Viola).
[8]
Lilies (Lilium).
[9]
Primrose (Oenothea).
[10]
Milkwort (Polygala).
[11]
Flatsedge (Cyperus).
[12]
Hollies (Ilex).
[13]
Lovegrass (Eragrostis).
[14]
Spirea (Spirea).
[15]
Serviceberry (Amelanchier Arborea).
[16]
Nannyberry (Viburnum Lentago).
[17]
Sweet pepperbush (Clethra Alnifolia).
[18]
Sweetbay magnolia (Magnolia).
[19]
Hawthorns (Crategus).
[20]
Redbud (Cercus Canadensis).
[21]
Dogwoods (Cornus).
[22]
White ash (Fraxinus Americana).
[23]
Green ash (Fraxinus Pennsylvanica).
[24]
Birch (Betula).
[25]
Sweetgum (Liquidambar Styraciflua).
[26]
American beech (Fagus Grandifolia).
[27]
American hornwood; and Red maple
(Acer Rubrum).
(b)
The National Resource Conservation Service,
USDA, publishes a listing of Native Plant Guide for Planting Along
Streams and Ponds, which is made part of this chapter.
(3)
Approval of the use of other plant material and the
final design of plant material to be contained within the designated
buffer area lies with the Township Engineer, with reference to Native
Plant Guide for Planting Along Streams and Ponds, prepared by the
National Resource Conservation Service, USDA.
H.
Boundary interpretation; appeals procedures; inspections;
conflicts.
(1)
When a landowner or applicant disputes the boundaries
of a riparian buffer, the landowner or applicant shall submit evidence
to the Township that describes the buffer area, proposed delineation
and presents all justification for the proposed boundary change. For
a Category One (C1) boundary, the landowner or applicant must first
obtain approval from the New Jersey Department of Environmental Protection.
A decision from the Department must be included with the evidence
submitted for municipal review.
(2)
Within 45 days of a complete submission of information
provided above, the Engineer of the Township shall evaluate all materials
and make a written determination. A copy shall be submitted to the
owner and/or applicant. Failure to act within 45 days shall not be
interpreted to be an approval of the proposed boundary change.
(3)
Any party aggrieved by any determination or decision
of the Township may appeal to the governing body of the Township.
The party contesting the determination or decision shall have the
burden of proof in case of any such appeal.
I.
Enforcement.
(1)
A prompt investigation shall be made by the Construction
Code Official of the Township of Brick of any person or entity believed
to be in violation of this section.
(2)
A fine of $500 a day shall be levied upon any person
or entity until such encroachment or violation of the riparian buffer
area is restored.
