[Added 9-14-1998 by Ord. No. 5-98; amended 3-19-2003 by Ord. No.
5-03]
A.
B.
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this article are to be considered
an integral part of development approvals under the subdivision and
site plan review process and do not relieve the applicant of the responsibility
to secure required permits or approvals for activities regulated by
other applicable code, rule, act or ordinance. In their interpretation
and application, the provisions of this article shall be held to be
the minimum requirements for the promotion of the public health, safety,
and general welfare. This article is not intended to interfere with,
abrogate, or annul any other ordinance, rule or regulation, statute,
or other provision of law. Where any provision of this article imposes
restrictions different from those imposed by any other article, ordinance,
rule or regulation, or other provision of law, whichever provisions
are more restrictive or impose higher standards shall control.
C.
Great Swamp Watershed Environmental Protection Area.
Lands included in the Great Swamp Watershed Environmental Protection
Area and the preservation requirements associated with those lands
are as follows:
(1)
Lands within the wetlands and standard transition
areas of freshwater wetlands associated with the Great Swamp watershed's
state open waters. Trees, shrubs, grasses and other existing vegetation
within wetlands and standard transition areas of freshwater wetlands
located along state open waters located in the Great Swamp watershed
shall not be disturbed except in accordance with a valid permit or
transition area waiver issued by NJDEP, pursuant to the New Jersey
Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A-1.1 et seq.).
(2)
Lands proximate to the top of channel banks
of state open waters. Trees, shrubs, grasses and other live vegetation
within 50 feet of the top of the channel bank of any state open water
within the Great Swamp watershed shall not be disturbed unless it
is determined by the municipal approving authority that there is no
alternative to the proposed project design which would eliminate or
further minimize the disturbance. In the event it is necessary to
cross the stream corridor with a road, driveway, or utility line,
damage to vegetation shall be mitigated by planting trees or shrubs
of similar species at similar land cover densities at other locations
along the stream corridor as approved by the approving authority.
(3)
Additional lands within 100 feet of any stream.
Any land areas, in addition to those described above, that lie within
100 feet of any intermittent or perennial stream within the Great
Swamp watershed shall be preserved to the maximum extent possible
to serve as a natural buffer area to the stream. No roads, except
those necessary to cross the stream corridor, no commercial parking
areas, and no fuel storage tanks shall be located within this area.
D.
Conservation easements.
(1)
Conservation easements shall be established
for all areas as follows:
(2)
The boundaries of all required conservation
easements shall be permanently marked in the field by concrete monuments
and posts composed of a long-lasting material and designed in accordance
with the drawing in Appendix A.[1] All conservation easement markers shall bear a plaque
or other inscription satisfactory to the Township Engineer that indicates
the presence of a conservation easement. The locations of all boundary
markers and the type of post (e.g., wood or other material) to be
installed shall be approved by the Board as part of the preliminary
approval proceedings and shown on the approved preliminary plans.
[Amended 3-17-2004 by Ord. No. 4-04]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(3)
Prior to the grant of any final approval, the
applicant shall provide a plan showing the approved boundaries and
monuments/posts for all required conservation easements, which plan
shall be updated to show all existing conditions on the property as
of the time of final approval. The accuracy of this plan shall be
confirmed prior to execution of any easements.
(4)
Any required conservation easement shall be
consistent with the form contained in Appendix B[2] of this Land Use and Development Chapter, except as may
be modified and/or adjusted by the Board based on the particular circumstances
of a specific development application and property.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
