[Added 4-25-1990 by Ord. No. 5-90]
A. Historical statement and purpose.
(1) Within the Township of Morris there exist certain
environmentally sensitive areas which, because of soil conditions
or the existence of streams, floodplains, ponds, lakes or wetlands,
may be subject to periodic inundation or water infiltration and which
may result in danger to life and property, health and safety hazards,
disruption of government services, public expenditure for flood protection
and relief or for community facilities and impairment of the tax base,
all of which adversely affect the public health, safety and general
welfare. Further, it is the purpose of this article to protect the
health, safety and welfare of people and property within the Township
of Morris from improper construction, building and development on
steep slope and hillside areas in the Township of Morris and, more
particularly, but without limitation, to reduce the peculiar hazards
which exist in hillside areas by reason of erosion, siltation, flooding,
soil slippage, surface water runoff, pollution of potable water supplies
from nonpoint sources and the destruction of unique and predominant
views. It is a further purpose of this article to encourage appropriate
planning, design and development sites within hillside areas which
preserve and maximize the best use of the natural terrain and maintain
ridgelines and skylines intact.
(2) In addition, within the Township of Morris such slopes
are often associated with areas of exposed bedrock, shallow depth
to bedrock, severe erosion potential, boulder-strewn shallow soils
and perched water tables invariably involving severe limitations not
only to development but to road construction and maintenance and septic
effluent disposal. Disturbance of these areas can lead to contamination
and depletion of water supplies, increased runoff of stormwaters and
contamination and siltation of surface water systems. Of special concern
are bedrock cuts made where shallow depth to bedrock and shallow soils
occur that may empty aquifers feeding nearby wells and the danger
of septic and nonpoint source pollution of groundwater and surface
water supplies and systems. Rivers, streams, ponds, lakes and wetlands,
together with their adjacent upland areas, support protective bands
of vegetation that line the water's edge. Under natural conditions,
these areas maintain and enhance surface water and groundwater quality
by filtering out sediments and associated nonpoint pollutants from
adjacent land uses. They store water and thereby stabilize dry weather
stream flows, groundwater levels and flood hazards.
(3) It is therefore determined that the special and paramount
public interest in these environmentally sensitive areas justifies
the regulation of property located thereon as provided below, which
is the exercise of the police power of the Township for protection
of persons and property of its inhabitants and for the preservation
of the public health, safety and general welfare.
B. Applicability. This article shall apply to all applications
for minor or major subdivision or site plan approval in the Township
of Morris.
C. Determination of affected areas. Land or water in
the following classifications is hereby designated as an environmentally
sensitive area:
(1) Flood hazard area. The floodplain, based on the total
area inundated during the flood of record or such area as can be demonstrated
to be now susceptible to inundation due to modifications to storage
area or improvements to the channel, whether said improvements or
modifications are upstream or downstream.
(2) Wetlands area. Area saturated by surface water or
groundwater and/or containing hydrophytic vegetation and as further
defined in N.J.S.A. 13:9B-1 et seq., the Freshwater Wetlands Protection
Act.
(3) Stream. Any body of continuously or intermittently
flowing water, whether designated as a stream, brook, river or otherwise,
and consisting of a bed and banks.
(4) Lake area. Any body of water with a mean depth of
three feet or greater and a surface area greater than 1/2 acre, whether
designated as a pond, lake or reservoir.
(5) Slope area. Any slope having a grade of 15% or more.
D. Initial procedure.
(1) Applicants for site plan approval or subdivision approval
shall submit to the Planning Board Secretary all information, documents
and exhibits required by this chapter.
(2) The Planning Board Secretary shall process all exhibits
and documents submitted under this article in the same manner as all
other applications for subdivision approval or site plan approval.
Additionally, all such applications shall be referred to the Environmental
Commission for review and recommendation.
(3) All environmentally sensitive areas as defined above
shall be identified and delineated on the site plan or subdivision
map by a professional with educational background and experience in
the field of environmentally sensitive areas delineation.
E. Regulations.
(1) Regulation for flood hazard areas. Notwithstanding
any other provision of this chapter, development in flood hazard areas
shall be regulated as follows:
(a)
In flood hazard areas having a drainage area
of less than 50 acres, no building or structure shall be erected or
constructed, either above or below ground level, within the flood
area or within a minimum of 50 feet from the center line of any stream.
(b)
In a flood hazard area having a drainage area
of 50 acres or greater, no building or structure shall be erected
or constructed, either above or below ground level, except in accordance
with a stream encroachment permit issued pursuant to the Flood Hazard
Area Control Act, N.J.S.A. 58:16A-50 et seq., and within a minimum
of 50 feet from the top of the stream embankment.
(2) Regulations for wetlands. The New Jersey Department
of Environmental Protection (NJDEP) has exclusive control over regulated
activities within freshwater wetlands as defined in the New Jersey
Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. The purpose
of these regulations is to coordinate municipal development review
procedures with the wetlands regulations of NJDEP.
[Amended 12-2-1998 by Ord. No. 24-98]
(a)
Wetlands delineation. A wetlands letter of interpretation
(LOI) issued by NJDEP shall be submitted as part of any application
for development. An applicant for a grading permit, variance or construction
permit for an individual single-family or two-family residential lot
need not submit an LOI but must submit an on-site wetlands delineation
prepared by a qualified wetlands consultant. If, however, the reviewing
board or the Township Engineer determines that wetlands or wetland
transition areas are present on site in locations that could be impacted
by the proposed development, or that the limits of wetlands may be
uncertain, or that NJDEP verification of the wetlands limits is otherwise
desirable, the Board or the Township Engineer, as the case may be,
shall have authority to require the applicant to obtain an LOI from
NJDEP.
(b)
Documentation. All freshwater wetlands and all
wetland transition areas required pursuant to N.J.A.C. 7:7A-1 et seq.,
or any successor regulations, shall be clearly shown on all subdivisions,
site plans, lot grading plans and/or other development plans submitted
to the Township for any development approval. Whenever it has been
confirmed that no wetlands or wetland transition areas are present
on a site, a note to that effect shall be shown on the plans for development.
(c)
NJDEP file identification number. Whenever on-site
freshwater wetlands and/or wetland transition areas have been established
by NJDEP through the issuance of an LOI, all subdivisions, site plans,
lot grading plans and/or other plans submitted to the Township for
any development approval shall include therein the wetlands line file
identification number assigned by NJDEP in connection with the issuance
of an LOI for the property.
(d)
Disturbance fencing. To prevent encroachment into freshwater wetlands and wetland transition areas, the developer of any approved subdivision, site plan, lot grading plan or other development plan shall install disturbance fencing in accordance with the requirements of §
57-110.1 of this chapter before the commencement of any land disturbance or construction adjacent to any freshwater wetlands and/or wetland transition area.
(e)
Silt fencing. Prior to the commencement of any land disturbance or construction, the developer of any approved subdivision, site plan, lot grading plan or other development plan shall install silt fencing and/or hay bales downstream of any disturbance area adjacent to freshwater wetlands and/or wetland transition areas, in conformation with the requirements of §
57-134G of this chapter.
(f)
Proof of recording of deed restrictions. Prior
to the signing of any approved minor subdivision plat, final major
subdivision plat or final site plan drawings, the applicant shall
submit to the Secretary of the reviewing board proof that any deed
restrictions required by the New Jersey Department of Environmental
Protection in connection with transition area averaging or other transition
area modifications associated with the approved subdivision or site
plan have been duly recorded in the land records of the Clerk of Morris
County.
(g)
Recording notice of wetland limits. As a condition
of approval of any application for development of any lot containing
freshwater wetlands and/or wetland transition areas, the applicant
shall be required to record in the land records of the Clerk of Morris
County a mapped description of the limits of such freshwater wetlands
and/or wetland transition areas, together with a bold print notice
that no land disturbance or other activities may be undertaken therein
without the obtaining of all necessary prior approvals from the New
Jersey Department of Environmental Protection.
(h)
Waiver for improvements to existing single-family dwellings. Whenever any variance or grading permit is sought for any addition to or a modification of an existing single-family dwelling and/or the lot on which it is located, the Board of Adjustment, when acting on a variance, and the Township Engineer, when acting on a grading permit, may waive the requirements of Subsection
E(2)(a),
(b),
(c) and/or
(g) above (to the extent they are applicable) when it is reasonably clear to the reviewing authority that there exist no on-site wetlands and/or wetland transition areas, or that any on-site wetlands and/or wetland transition areas are remote from the areas of proposed development and/or disturbance. Nothing herein shall authorize or permit any unlawful disturbance of or activities within freshwater wetlands and/or wetland transition areas.
(3) Regulations for lake areas. Notwithstanding any other
provision of this article, no building or structure shall be erected
or constructed, either above or below ground level, within 50 feet
of the edge of any lake. Nothing herein contained, however, shall
be construed to prohibit the construction and maintenance of dams
or other structures for the impoundment or retention of water in any
such stream or lake or of dug ponds or reservoirs, provided that all
applicable requirements and approvals of any and all public authorities
having jurisdiction over such matters are met and obtained. The following
shall be permitted uses or activities in lake environmentally sensitive
areas, provided that they do not disturb the natural and indigenous
character of the areas and provided that such use is permitted in
accordance with all other Township ordinances:
(a)
Conservation of soil, vegetation, water, fish
and wildlife.
(b)
Fishing, swimming, boating, waterskiing and
hunting.
(c)
Trails for nonmotorized uses.
(e)
Dispersal areas for surface water.
(f)
Deck, pier and boathouse construction in accordance
with other provisions of all Township ordinances.
(4) Regulations for slope areas. To meet the purposes
and goals set forth in this article, all subdivisions, site plans,
lot grading plans and other development plans shall be required to
meet the following requirements:
[Amended 12-2-1998 by Ord. No. 24-98]
(a)
The applicant shall prepare a steep slopes map
based on ten-foot contour intervals, delineating by category slope
classes of 0% to 14.9%, 15% to 19.9%, 20% to 24.9% and 25% and greater.
The slope map shall include a calculation of the area of proposed
disturbance within each slope class within all existing and/or proposed
lots, as well as within any proposed road right-of-way.
(b)
Those areas with slopes ranging from 0% to 14.9%
are not restricted against development under this section.
(c)
Within slope areas of 15% to 19.9%, not more
than 50% of such areas shall be disturbed for development, regraded
or stripped of vegetation.
(d)
Within slope areas of 20% to 24.9%, not more
than 33 1/3% of such areas shall be disturbed for development,
regraded or stripped of vegetation.
(e)
Within areas having slopes of 25% or greater,
no development, regrading or stripping of vegetation shall be permitted
unless such activity is essential for the construction of a roadway
or driveway crossing, required utility construction, stormwater management
control facility or other like necessary improvement. The applicant
must demonstrate to the satisfaction of the reviewing board or other
official having jurisdiction that such disturbance activity is necessary
to fulfill the essential service requirements of the development and
that there is no practical alternative to it.
(f)
No land disturbance or construction activity shall be undertaken within any area with slopes exceeding 14.9% unless the developer has first secured a grading permit pursuant to §
57-138 of this chapter. Whenever disturbance is proposed in areas with slopes exceeding 14.9%, detailed grading plans and architectural plans must be submitted under §
57-138. The plans shall be designed to ensure that drainage and/or erosion problems will not result from the proposed development. The architecture of all buildings shall be specifically designed to accommodate the topography. Roads and driveways shall be designed to follow the natural topography to the greatest extent possible in order to minimize disturbance of steep slope areas. Nothing in this section shall be construed to limit the applicability of §
57-138 to areas of steep slope.
(g)
As a condition of approval of any application for development of any lot containing areas of slope in excess of 14.9%, the applicant shall be required to record in the lands records of the Clerk of Morris County a mapped description of the limits of such steep sloped areas, together with a bold print notice that no land disturbance or other activity may be undertaken therein, except in conformance with the requirements of §
57-160E(4) of the Code of the Township of Morris.
(h)
Whenever any variance or grading permit is sought for any addition to or modification of an existing single-family dwelling and/or the lot on which it is located, the Board of Adjustment, when acting on a variance, and the Township Engineer, when acting on a grading permit, may waive the requirements of Subsection
E(4)(a) and/or
(g) above (to the extent they are applicable) when it is reasonably clear to the reviewing authority that there exist no on-site slopes in excess of 14.9% or that any slopes in excess of 14.9% are remote from the areas of proposed development and/or disturbance. Nothing herein shall authorize or permit any lawful disturbance of or activities within slopes in excess of 14.9%
(5) The foregoing provisions shall not be construed to
preclude the installation of underground utility lines through the
above-designated areas.
[Added 10-14-1992 by Ord. No. 3-92]
A. Purpose. In order that the Township of Morris may
assess the impact of certain proposed applications for development
on the natural environment of the municipality, particularly with
respect to potable water, pollution of all kinds, drainage, waste
disposal, landscape and other pertinent environmental factors, the
Township Committee has determined that it is in the public interest
that all persons who shall propose such developments shall submit
an environmental impact statement (EIS) in accordance with the provisions
of this section when required.
B. Environmental impact statement submission guidelines.
(1) The requirement to prepare an EIS shall be based upon
a finding of fact by the Planning Board or Board of Adjustment, as
the case may be (hereinafter "approving authority"), with the advice
of the Technical Coordinating Committee (hereinafter "TCC"), and using
the following guidelines:
(a)
That the natural conditions of the property
in question or the surrounding area are such that an EIS is necessary
to ascertain the specific effects of the proposed application for
development;
(b)
That the project is likely to have a significant
adverse impact on the environment;
(c)
That the project has been conceived or designed
in a manner that would significantly alter the site's natural features
or processes;
(d)
That the project is likely to place an excessive
demand upon off-site or on-site capacities or resources, including
public facilities and infrastructure; or
(e)
That the project is located within the sewer
service area of the Township of Morris, requires an NJDEP treatment
works approval pursuant to N.J.A.C. 7:14 and is located in an area
mapped as rank three, four or five habitat for threatened and endangered
species areas as depicted by the NJDEP Landscape Project Maps. (Refer
to Plate 8 in the Township of Morris Wastewater Management Plan for
potentially impacted lots.)
[Added 9-21-2005 by Ord. No. 23-05]
(2) In making its finding of fact, the approving authority
shall give due consideration to any recommendations of the Township
Environmental Commission.
C. Approving authority review. An EIS prepared in accordance
with the provisions of this section shall be submitted for review
by the approving authority upon the approving authority making the
requisite finding of fact for:
(1) Major subdivisions which propose the creation of 10
or more lots, including a remainder parcel.
(2) Site plans for tracts of 10 acres or larger which
propose land disturbance of 20% or more of the tract area or which
propose land disturbance of less than 20% but which the approving
authority finds to fall within one or more of the EIS submission guidelines.
(3) Major subdivisions of fewer than 10 lots and site
plans of fewer than 10 acres which the approving authority finds to
fall within one or more of the EIS submission guidelines.
D. Contents of EIS.
(1) An EIS shall generally include but not necessarily
be limited to:
(a)
An inventory of existing environmental conditions at the project site. It shall describe air quality, water quality, water supply, hydrology, geology, soils, topography and vegetation. It shall also document the existence or nonexistence of any threatened or endangered species on the project site by completing a Threatened and Endangered Species Analysis (TESA) in accordance with Subsection
J of this section.
[Amended 9-21-2005 by Ord. No. 23-05]
(b)
A project description. It shall specify what
is to be done and how it is to be done during construction and operations.
It shall specifically address any development impacts related to freshwater
wetlands and transition areas, slopes of 15% or greater and floodplains.
(c)
A water supply and sanitary waste disposal plan
meeting state and municipal standards.
(d)
A listing of all licenses, permits or other
approvals as required by law and the status of each.
(e)
An assessment of the probable impact of the project upon topics described in Subsection
D(1)(a).
(f)
A listing of adverse environmental impacts which cannot be avoided with respect to the topics described in Subsection
D(1)(a) and identification of those which are permanent and those which are temporary in nature.
(g)
Steps to be taken to minimize adverse environmental
impacts during construction and operation, both at the project site
and in the surrounding area.
(h)
Alternatives to all or any part of the project
with reasons for their acceptability or nonacceptability.
(2) The approving authority may require such additional
information as it, in its sole discretion, deems necessary. Such information
may include traffic data, demographic analysis and acoustic and illumination
analysis of the site's historic or archaeological features.
E. Review by Technical Coordinating Committee. The TCC
shall review each EIS for completeness and technical sufficiency pursuant
to this section and shall, in due course, report to the approving
authority the results of its review.
F. Review of other bodies. The approving authority, in
its sole discretion, may refer an EIS to another Township agency for
its information, review and recommendations. Such agency shall conduct
its review and report to the approving authority within the applicable
statutory running times for the application for development. Failure
of another agency to make its report or recommendations within the
applicable time periods shall not oblige the approving authority to
delay the processing of the application or seek an extension of time
from the applicant.
G. Review by experts. In reviewing an environmental impact statement, the approving authority, through its administrative officer, may refer the statement to one or more qualified environmental specialists, consultants or other special experts of its choosing, at the applicant's sole cost and expense, to obtain comments, suggestions or recommendations. Such payment for such review and report and the collection of funds therefor shall be in accordance with §
57-29C. Said authority may consider but not be bound by such information in deciding whether to approve, reject or require revisions to the proposed project development.
[Amended 4-21-1993 by Ord. No. 10-93]
H. Persons preparing EIS. Every EIS required by this
section shall be prepared by a licensed professional planner of the
State of New Jersey or by such other person as shall satisfy the approving
authority and the TCC, as the case may be, that he or she possesses
adequate expertise in the applicable environmental field by virtue
of training, experience or education.
I. Waiver. The approving authority may waive the requirements
for an EIS, in whole or in part, if sufficient evidence is submitted
by the applicant to support a conclusion that the proposed project
will have a negligible environmental impact or that a complete EIS
need not be prepared in order to evaluate adequately the environmental
impact of the project.
J. Threatened and endangered species analysis. In accordance
with the provisions of this section, the applicant shall be required
to complete a threatened and endangered species analysis (TESA) for
the project site. A TESA shall include but not necessarily be limited
to:
[Added 9-21-2005 by Ord. No. 23-05]
(1) Identification of specific species and area of habitat
depicted by the New Jersey Department of Environmental Protection
Landscape Project Maps for rank three, four and five habitat areas.
Landscape Project Maps are available by request from the New Jersey
Department of Environmental Protection. In the alternative, an individual
who meets the qualifications of a certified wildlife biologist as
established by the Wildlife Society may perform a site-specific analysis
identifying all species and habitat areas.
(2) Identification of measures to be taken to avoid confirmed
habitat areas and any negative impacts to the survival of those species
shall be identified. Measures should include those necessary to mitigate
or restore habitat areas which will be disturbed by the proposed project.
(3) Submission of a conservation plan is required for
all unavoidable impacts to habitat areas that have been identified
by an individual who meets the qualifications of a certified wildlife
biologist as established by the Wildlife Society.
(4) Identification of measures to be taken to permanently
protect these areas from current or future impacts from development
of adjoining noncritical areas. Measures should include protection
of identified areas with a deed-restricted conservation area.