The Schedule of Area, Lot and Bulk Regulations
which follows is made part of this chapter. The lot area, lot width
and yards for principal and accessory buildings set forth in said
schedule are hereby established as the minimum requirements for the
particular uses in each zone, and the lot coverage and building height
set forth in said schedule are hereby established as the maximum permitted
for the particular uses in each zone.[1]
[1]
Editor's Note: The Schedule of Area, Lot and Bulk Regulations is included as an attachment to this chapter.
[Added 11-6-1996 by Ord. No. 1996-20]
A.
Environmental coverage limitations. No environmentally constrained
area, as hereinafter defined, shall contain any structure or impervious
coverage except for driveways and roads and associated drainage structures
and utility improvements, both public and private, such as electric,
telephone, cable, water, sanitary sewer, and storm sewer lines. Farming,
grazing, plant nurseries, horticulture, forestry, wild crop harvestry,
recreation uses, hunting, fishing, or the like, are also permitted
in environmentally constrained areas if permitted in the zoning district
and not precluded by outside review agencies. Where driveways, roads,
or utilities are permitted in environmentally constrained areas by
the Township, the improvements shall be designed to minimize intrusion
into and impacts to the environmentally constrained areas.
[Amended 5-4-2011 by Ord. No. 2011-02]
B.
Environmentally constrained areas.
(1)
Environmentally constrained areas shall include
the following, which shall be clearly shown and delineated on all
subdivision plats and site plans:
(a)
Any portion of a lot classified as a floodway
or floodplain by the New Jersey Department of Environmental Protection
and Energy.
(b)
Wetlands and any required wetlands transition
area pursuant to the New Jersey Freshwater Wetlands Protection Act
(N.J.S.A. 12:93-1 et seq.).
(c)
Hydric soils as identified on the list of New
Jersey Hydric Soils in the publication "Wetlands of New Jersey, National
Wetland Inventory," July 1985.
(d)
Critical slopes, defined herein as areas having
a grade of 25% or greater as calculated by the methodology contained
herein below. Moderate slopes are areas having a grade of 15% to 24.99%
as calculated by the methodology contoured herein below.
(e)
Shallow depth to bedrock areas. All areas composed of soils
having four feet or less depth to bedrock as indicated in the Soil
Survey of Warren County, New Jersey, published by the United States
Department of Agriculture, Soil Conservation Service, as amended and
supplemented.
[Added 5-4-2011 by Ord. No. 2011-02]
(2)
Method. The method of determining slopes classified
as moderate and critical shall be based upon two-foot contours and
measured over a distance having a minimum change in vertical elevation
of 10 feet. A plan prepared by a licensed engineer shall be submitted
to determine the extent of moderate and critical slope areas. Said
plan shall be clearly and legibly drawn or reproduced at a scale of
no less than one inch equal to 100 feet. All topography and elevations
shall be related to a benchmark noted on the plan and, wherever possible,
shall be based on the United States Geological Survey mean sea level
data; existing contours of the site under review shall be presented
at two-foot intervals. Plans submitted pursuant to this section shall
be one of the following dimensions: 30 inches by 42 inches; 24 inches
by 36 inches; 15 inches by 21 inches; or 8 5/10 inches by 13
inches.
(4)
On lots containing slopes over 15.0%, the Board
shall require a lot grading plan prior to the issuance of a building
permit. This plan shall indicate the proposed driveway plan and profile,
residential and other site grading necessary or proposed for the lot
and proper protection and stabilization methods for all disturbed
areas, consistent with the design standards established by the Soil
Erosion and Sediment Control Standards of the SCS. The plan shall
be reviewed and approved by the Township Engineer prior to the issuance
of a building permit and/or any soil disturbance on site.
[Added 11-1-2000 by Ord. No. 2000-29]
C.
Stream corridor protection. The purpose of this section
is to maintain and enhance the quality of local streams; protect significant
ecological components of stream corridors, such as wetlands, floodplains,
woodlands, steep slopes and wildlife and plant habitat within the
stream corridors of the Township; to prevent flood-related damage;
and to complement existing state, county and municipal regulations.
[Added 11-1-2000 by Ord. No. 2000-29]
(1)
ACTIVITY
ONE-HUNDRED-YEAR FLOOD LINE
STREAM CORRIDOR
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
Any land disturbance, including any development for which
an application for development is necessary.
The line which is formed by following the outside boundaries
of the area inundated by a one-hundred-year flood.
The stream channel (the bed and banks of a stream which confine
and conduct continuously or intermittently flowing water), the area
within the one-hundred-year flood line and a minimum of 100 feet from
the one-hundred-year flood line, extending outward from the stream
channel, on both sides of the stream. If there is no one-hundred-year
flood line delineated, the distance shall be measured outward from
the bank of the stream channel. If slopes greater than 15% abut the
outer boundary of the stream corridor, the area of such slopes shall
also be included as the stream corridor.
(2)
Standards.
(a)
Permitted activities. Stream corridors shall
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 public safety), 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 preserves, operated for the protection and propagation of
wildlife, but excluding enclosed structures.
[3]
Unpaved hiking, bicycle and bridle
trails.
[4]
Fishing areas.
[5]
Reconstruction of a structure that
pre-dates the adoption of this subsection in the event of damage or
destruction by fire, storm, natural hazards or other acts of God,
provided that the reconstruction does not have a greater footprint
or total area than that of the damaged structure and that no change
in land use occurs: and further that the reconstruction shall be permitted
only if no more than 50% of the structure is destroyed.
(b)
Location of activities. All new lots in major
and minor subdivisions and site plans shall be designed or provide
sufficient areas outside of stream corridors to accommodate primary
structures as well as any normal accessory uses appurtenant thereto.
(c)
The reviewing Board may allow an average stream
corridor width of 100 feet from the one hundred year flood line, thus
allowing reasonable flexibility to accommodate site planning when
necessitated by the size and shape of the tract and the physical conditions
thereon. The stream corridor width may be reduced to a minimum of
50 feet from the one-hundred-year flood line, provided that there
is an equivalent increase in the width elsewhere on site and all relevant
permits (e.g., stream encroachment, freshwater wetlands) are obtained.
(d)
Minor exceptions. The following are permitted
in a stream corridor when subdivisions or site plans cannot be designed
in the manner set forth above or in the case of a preexisting lot
for a one-family dwelling, when there is insufficient room outside
the stream corridor for permitted accessory uses. In either case,
there must be no other reasonable or prudent alternative to placement
in the stream corridor.
[1]
Yard improvements such as lawns
and accessory structures such as swimming pools.
[2]
Recreational use, whether open
to the public or restricted to private membership, such as parks,
picnic areas, golf courses, not to include enclosed structures, but
permitting shelters and such structures usually found in developed
outdoor recreational areas.
[3]
Outlet installation for sewage
treatment plants and sewage pumping stations and the expansion of
existing sewage treatment facilities.
[4]
Private or public water supply
wells that have a sanitary seal, floodproofed water treatment facilities
or pumping facilities.
[5]
Dredging or grading when incidental
to permitted structures or uses, including stream cleaning and steam
rehabilitation work undertaken to improve hydraulics or to protect
public health.
[6]
Dams, culverts, bridges and roads,
provided that they cross the corridor as directly as possible.
[7]
Sanitary or storm sewers.
[8]
Utility transmission lines, installed
during periods of low stream flow, if underground, in accordance with
SCS standards and in a manner which will not impede flows or cause
ponding of water.
[9]
Structures comprising part of a
regional flood detention project.
[10]
Detention or retention basins
and related outfall facilities.
(e)
Major exceptions. Upon a clear and convincing
demonstration by the applicant that prohibiting such activities would
result in extreme economic hardship or would conflict with a compelling
public need, new structures (other than those permitted as exceptions
in the subsections above), including retaining walls, parking facilities
and roads, may be permitted in a stream corridor. The reviewing Board
shall use the following standards to determine whether extreme economic
hardship exists:
[1]
Prohibiting the activity would
result in an extreme economic hardship, as distinguished from mere
inconvenience, because of the particular physical surroundings, shape
or topographical conditions of the property involved. The necessity
of acquiring additional land to locate development outside the stream
corridor shall not be considered an economic hardship unless the applicant
can demonstrate that there is no adequate land which is reasonably
available.
[2]
An applicant shall be deemed to
have established the existence of an extreme economic hardship only
if the applicant demonstrates, based an the specified facts, that
the subject property is not capable of yielding a reasonable economic
return if its present use is continued or if it is developed as unauthorized
by provisions of this subsection and that this inability to yield
a reasonable economic return results from unique circumstances peculiar
to the subject property which:
[a]
Do not apply to or affect other
property in the immediate area;
[b]
Relate to or arise out of the characteristics
of the subject property rather than the personal situations of the
applicant; and
[c]
Are not the result of any action
or inaction by the applicant or the owner or his predecessors in title.
[3]
An applicant shall be deemed to
have established compelling public need if he demonstrates, based
on specific facts, that:
[a]
The proposed project will serve
as an essential public health or safety need.
[b]
The public health and safety require
the proposed facility.
[c]
The proposed use is required to
serve existing public health or safety needs.
[d]
There is no alternative available
to meet the established health or safety need.
[e]
The activity will not be materially
detrimental or injurious to other property or improvements in the
area in which the subject property is located and will not endanger
public safety.
[f]
The exception granted is the minimum
relief necessary to relieve the compelling public need.
[4]
The stream corridor includes more
than 75% of the tract.
(f)
If an exception set forth in Subsection C(2)(e)[2] or [3] directly above is granted, the Board or the Zoning Officer, as the case may be, may reduce the width of the stream corridor to no less than 50 feet from the one-hundred-year flood line.
(g)
If such an exception is granted, the applicant
shall rehabilitate an environmentally degraded stream corridor within
or adjacent to the same tract at least equivalent in size to the stream
corridor reduction permitted, and if not possible, rehabilitate or
expand a stream corridor of such size within a nearby tract and if
available, within the same watershed. Rehabilitation shall include
reforestation, stream bank stabilization and removal of debris. The
area to be rehabilitated and the rehabilitation plan shall be acceptable
to the Board or Zoning Officer, as the case may be.
(h)
Prohibited activities. All activities not permitted
in this section shall be prohibited. In no circumstances shall the
following be permitted as exceptions:
(i)
Additional provisions.
[1]
The applicant for any activity
permitted in a stream corridor shall rehabilitate any degraded areas
within the stream corridor, in a manner acceptable to the Board or
Zoning Officer, as the case may be, unless the applicant demonstrates
that it is economically infeasible to do so.
[3]
The applicant shall provide whatever
additional measures are necessity to assure that area designed as
stream corridors will be preserved and to prevent additional encroachments
in the stream corridor likely to occur as a result of the approval
granted.
[4]
The Board, in the case of an application
for development, and the Zoning Officer, in all other cases, may require
conservation easements or deed restrictions assuring that there will
be no further intrusion on the stream corridor than that permitted
by the activity approved.
(3)
Submission requirements. An applicant for an
activity in a stream corridor shall submit to the Township a map of
the project site delineating the following (at a scale of not less
than 1 inch equals 200 feet), using the best available information:
D.
Tree protection. The purpose of this subsection is
to regulate and control indiscriminate and excessive cutting of trees
in conjunction with an application for site plan or subdivision approval,
to protect older specimen trees and to encourage careful site design
and grading to promote the preservation of existing trees.
[Added 11-1-2000 by Ord. No. 2000-33]
(1)
CLEAR CUTTING
DIAMETER AT POINT OF MEASUREMENT
DRIPLINE
HOMESTEAD LOT
SILVICULTURE
SPECIMEN TREE
TREE
Definitions. The following words and expressions
as used in this subsection shall have the following meanings, unless
the context clearly indicates a different meaning:
The removal of all standing trees on a lot or portion of
a lot.
The diameter of a tree measured 4 1/2 feet above the
ground level, measured on the downhill side on a slope, and abbreviated
as DPM.
An imaginary ground line around a tree that defines the limits
of the tree canopy.
A preexisting lot located within a zone permitting single-family
detached or two-family detached dwellings upon which is constructed
a lawfully occupied dwelling, which lot could not be further subdivided
in conformance with the zoning.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
Any tree which has a DPM of 24 inches or greater.
Any tree which has a DPM of eight inches or greater.
(2)
Cutting or removal prohibited. No person shall
cut down or remove any tree or specimen tree, and no landowner shall
suffer or allow the cutting down or removal of any tree or specimen
tree on his or her property, without first having complied with this
subsection.
(3)
Exceptions. The following shall be exempt from
the provisions of this subsection:
(a)
Commercial nurseries and fruit tree orchards.
(b)
Christmas tree plantations.
(c)
Removal of trees which are dead, dying or diseased,
of trees or specimen trees which have suffered severe damage or any
tree or specimen tree whose angle of growth makes it a hazard to structures
or human life.
(d)
Pruning or removal of any tree or specimen tree
growing on or over a public right-of-way or public property by an
appropriate authority or authorized utility company for maintenance
of utility wires or pipe lines.
(e)
Homestead lots.
(f)
Projects which, prior to the effective date
of this subsection, have received minor, preliminary or final site
plan or subdivision approval. Amendments to said approval subsequent
to the effective date of this subsection shall be subject to these
provisions.
(g)
Silviculture.
(4)
Permit required. Prior to the cutting down or
removal of any tree or specimen tree which is subject to this subsection,
a permit shall be obtained from the Township Engineer. The application
for a permit shall include a complete application form and shall comply
with the following standards and requirements:
(a)
Name, address and phone number of property owner.
(b)
Name, address and phone number of the applicant
if different from the owner.
(c)
Consent, in writing, of the owner if the applicant
is not the owner.
(d)
Street address and tax lot and block numbers
of the premises.
(e)
An inventory of all trees and specimen trees
by size and species within the area subject to tree removal and cutting
and within a transition area 10 feet from the perimeter thereof.
(f)
A fee of $250.
(g)
A site plan showing the size, location and species
of individual trees and specimen trees within the disturbed area and
the ten-foot transition area. On wooded lots, the significant tree
canopy shall be shown, delineated at the dripline.
(h)
The location of all streams, watercourses and
freshwater wetlands shall be shown. Tree removal within these areas
shall be subject to the applicable regulations for stream corridors
and freshwater wetlands.
(i)
The location and degree of all slopes greater
than 10% where any tree removal is proposed shall be shown.
(j)
Removal of any specimen tree shall require specific
approval of the Board. All efforts shall be made by the applicant
to preserve specimen trees, including, if necessary, plan changes
to relocate utilities, driveways, roadway, building and other site
improvements.
(k)
Replacement trees. In the event that the development
of a property requires the removal of trees or specimen trees, the
Board shall have the authority to require the replacement of trees
in accordance with the following schedule:
|
Replacement of Trees
| |
|---|---|
|
Number of Trees
to be Removed
|
Percent to
be Replaced
|
|
100 or more
|
70%
|
|
75 to 99
|
50%
|
|
Less than 75
|
30%
|
|
Replacement of Specimen Trees
| |
|---|---|
|
Specimen Trees
to be Removed
(inches)
|
Number of
Replacement Trees
|
|
24 to 30
|
5
|
|
31 to 36
|
6
|
|
37 to 40
|
9
|
|
40 or greater
|
10
|
(l)
Prior to any site clearance, grading or disturbance
for premises subject to the provisions of this subsection, the applicant
shall delineate with snow fence, installed beyond the dripline of
trees which are to be protected, all areas which are to remain undisturbed
and shall individually protect, to the satisfaction of the Township
Engineer, all trees or specimen trees which are to remain within the
area of disturbance approved by the Board.
(m)
During major or minor subdivision review, the
Board shall be authorized to require a tree removal plan for each
individual lot which will result from the proposed subdivision. Any
tree removal restrictions shall remain in effect until the parcel
shall become a homestead lot.
(5)
Review time. The Township Engineer shall review
and approve, conditionally approve or reject the permit application
within 30 days of the date a complete application is submitted and
all necessary Board approvals have been granted.
(6)
Inspection and enforcement. The Township Engineer
shall be authorized to inspect and enforce the installation of replacement
trees pursuant to this subsection.
(7)
Lot clearing limit ratio. This subsection prescribes
the portion of a lot from which vegetation may be removed. These regulations
recognize that the preservation of mature trees and forested areas
is a key strategy in the management of environmental resources, particularly
watershed management, air quality, and ambient heating and cooling.
The measures comply with minimizing land disturbance, which is a nonstructural
stormwater management strategy.
[Added 3-1-2006 by Ord. No. 2006-4]
(a)
Lot clearing limit ratios shall be applied only
to residential zones on tracts located outside of the Highlands Preservation
Area, and in proportion to the minimum lot size and lot coverage requirements
of the district, with an exemption for farms as follows:
|
Zone
|
Lot Clearing Limit Ratio/Exemption
|
|---|---|
|
R-10/2
|
50% for each individual clustered lot and/or
10% of tract area, whichever is less
|
|
R-5/2
|
50% for each individual clustered lot and/or
20% of tract area, whichever is less
|
|
R-3/2
|
50% for each individual clustered lot and/or
33% of the tract area, whichever is less; 85% other permitted uses
|
|
R-2
|
50% for each individual lot and 50% for the
tract area, whichever is less
|
|
R-150
|
50% for each individual lot and 50% for the
tract area, whichever is less; 85% other permitted uses
|
|
R-120A
|
50% for each individual lot and 50% for the
tract area, whichever is less w/o public sewer; 85% for each individual
lot and 50% for the tract area, whichever is less w/public sewer;
85% other permitted uses
|
|
R-120
|
85% single-family residential; 85% other permitted
uses; cluster and small lot residential individual lots are exempt
|
|
R-100
|
85% senior citizen tract area; 85% other permitted
uses; single-family residential exempt
|
|
R-75
|
85% other permitted uses; single-family residential
exempt
|
|
R-MF
|
85% of tract area
|
(b)
Lots located in the Highlands Preservation Area
shall be subject to clearing limit regulations for major Highlands
development contained in the Highlands Water Protection and Planning
Act or as may be issued by NJDEP or the Highlands Commission.
(c)
Lots located in the Highlands Planning Area
that contain upland forested areas shall be subject to the following
clearing limit regulations:
[1]
Trees having a DPM of six inches
or greater for deciduous trees or 10 inches or greater for evergreen
trees shall not be cleared more than 20 feet directly adjacent to
a structure and no more than 10 feet on each side of a driveway that
is necessary to access a building or a nonforested area of the lot.
[2]
Other vegetation associated with the forested area and nonforested areas of the lot are subject to the clearing limits specified in Subsection D(7)(c)[1] above.
(d)
On farmland or other previously disturbed and/or
cleared sites a portion of an individual lot and/or the tract shall
be revegetated according to the following schedule:
|
Zone
|
Minimum Lot Revegetation/ Exemption
|
|---|---|
|
R-10/2
|
50% for each individual clustered lot and/or
90% of tract area, whichever is greater
|
|
R-5/2
|
50% for each individual clustered lot and/or
80% of tract area, whichever is greater
|
|
R-3/2
|
50% for each individual clustered lot and/or
67% of the tract area, whichever is greater; 15% other permitted uses
|
|
R-2
|
50% for each individual lot and 50% for the
tract area, whichever is greater
|
|
R-150
|
50% for each individual lot and 50% for the
tract area, whichever is greater; 15% other permitted uses
|
|
R-120A
|
50% for each individual lot and 50% for the
tract area, whichever is greater w/o public sewer; 15% for each individual
lot and 50% for the tract area, whichever is greater w/public sewer;
15% other permitted uses
|
|
R-120
|
15% single-family residential; 15% other permitted
uses; cluster and small lot residential individual lots, are exempt
|
|
R-100
|
15% senior citizen tract area; 15% other permitted
uses; single-family residential exempt
|
|
R-75
|
15% other permitted uses; single-family residential
exempt
|
|
R-MF
|
15% of tract area
|
(e)
Vegetation used to restore previously disturbed/cleared
areas shall be native plants suitable for the environmental conditions
present on the lot or tract. All of the revegetated area shall be
protected from future disturbance with a conservation easement or
deed restriction acceptable to the Board Attorney.
(f)
All remaining undisturbed areas of a lot or
tract shall be protected from future disturbance with a conservation
easement or deed restriction acceptable to the Board Attorney.
(g)
Vegetation, as used in this section, shall include
grasses and other ground covers, shrubs, trees, and other plants consisting
of native and non-native varieties of both upland and wetland communities
except as otherwise exempted. Farm crops grown for consumption or
for commercial purposes shall be exempt from this definition of vegetation.
