Borough of Netcong, NJ Article XI Critical Areas

[Added 9-12-1989]

§ 194-85 Areas defined.

Land or water falling in the following classifications shall be deemed to be critical areas for purposes of this article:

A. Flood hazard area: The stream channel and the relatively flat area adjoining the channel of a natural stream which has been inundated or covered by floodwaters from a one-hundred-year storm frequency flood as defined by the New Jersey Department of Environmental Protection.

B. Wetlands area: Areas saturated by surface or ground water and/or containing hydrophytic vegetation and as further defined in N.J.S.A. 13:9B-1 et seq., entitled "Freshwater Wetlands Protection Act."

C. Critical slope area: Any area having a grade of greater than 25%.

D. Steep slope area: Any area having a grade of 15% to 25%.

E. Stream area: Any body of continuously or intermittently flowing water, whether designated as a stream, brook, river or otherwise, and consisting of a bed and banks.

F. Lake area: Any nonflowing body of water with a mean depth of three feet or greater and a surface area greater than one acre, whether designated as a pond, lake or reservoir.

§ 194-86 Applicability.

This article shall apply to all applications for minor or major subdivision or site plan approval in all zone districts of the Borough of Netcong.

§ 194-87 Regulations.

A. Regulations for flood hazard areas. Notwithstanding any other provision of this chapter, development in flood hazard areas shall be regulated as follows:

(1) 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 hazard area or within a minimum of 50 feet from the center line of any stream.

(2) 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 a minimum of 50 feet from the top of the stream embankment.

B. Regulation for wetlands. The extent of municipal regulation of wetlands is dependent upon whether or not the wetlands and proposed activity fall within the jurisdiction of the New Jersey Department of Environmental Protection (NJDEP) pursuant to the New Jersey Freshwater Wetlands Act (the "Act"), N.J.S.A. 13:9B-1 et seq. The NJDEP has exclusive control over regulated activities within freshwater wetlands as defined in the act.

(1) The Planning Board shall, upon receipt of an application for development, initially determine whether all or part of each application falls within wetlands, as defined in this article. If an affirmative determination is made, the applicant shall be instructed in writing to submit to the NJDEP a request for a freshwater wetlands letter of interpretation pursuant to N.J.A.C. 7:7A-8 et seq. No such application for development shall be deemed complete unless and until a response from the NJDEP is received. The regulation of activities within such wetlands shall be within the exclusive jurisdiction of NJDEP. Nothing contained herein shall, however, be construed so as to limit the power of the Borough or its agencies to submit comments upon such applications or request for a letter of determination.

(2) In lieu of the above, any applicant who acknowledges the need for a NJDEP freshwater wetlands permit may waive the initial municipal determination and NJDEP letter of interpretation and submit a direct application to NJDEP for a freshwater wetlands permit.

(3) If NJDEP determines a permit is necessary, no application for development shall be considered complete for the purpose of Borough review until such time as said permit is obtained. Nothing contained herein shall limit the authority of the reviewing board to conduct a review of any development application during the pendency of NJDEP review.

C. Regulations for lake and stream areas. Notwithstanding any other provision of this chapter, no building or structure shall be erected or constructed, either above or below ground level, within 50 feet of the edge of any pond, lake or stream. Nothing contained herein, 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, pond or lake or of dug ponds or reservoirs, provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained. The following shall be permitted uses or activities in lake or stream critical areas, provided that they do not disturb the natural and indigenous character of the areas and are otherwise permitted in the zone in which the premises is located:

[Amended 7-11-1996 by Ord. No. 96-8]

(1) Conservation of soil, vegetation, water, fish and wildlife.

(2) Fishing, swimming, boating, water-skiing and hunting.

(3) Trails for nonmotorized use.

(4) Grazing.

(5) Dispersal areas for surface water.

(6) Docks, piers, boathouses, marinas and fences constructed in accordance with Borough ordinances.

D. Regulations for steep and critical slope areas. To protect environmentally sensitive areas, including those with critical and steep slopes and lands both public and private which may be adjacent thereto or affected thereby, the applicable provisions of this chapter 90 relating to minimum lot sizes and density of development shall be modified in areas of slopes greater than 15%. Slope calculations shall be based on elevation or contour intervals of two feet and shall be computed as follows:

(1) Determine the area of each part of the proposed lot for each slope range in the slope factor table below.

(2) Multiply each area determined in Subsection D(1) by the appropriate slope factor in the slope factor table.

(3) Add the areas determined in Subsection D(2).

(4) Compare the results of Subsection D(3) with the minimum lot area requirement of the zone to determine the deficiency, if any.

(5) Increase the initial lot area by the deficient amount, repeating the above steps until the lot size conforms to the zoning requirements.

Slopes (percent)	Factor
0% to 15%	1.00
15.1% to 25%	0.33
25.1% or greater	0.20

E. The foregoing provisions shall not be construed to preclude the installation of underground utility lines through the above-designated areas.

§ 194-88 Exceptions and variances.

[Amended 12-10-1996 by Ord. No. 96-14]

Variances to these critical area regulations shall be heard as C-variances. The Planning Board may grant a variance from any of these critical area regulations in accordance with the procedures for a C-variance established in § 194-22A(3).[1] The Board may request detailed plans, sketches, the preparation of an environmental impact statement or the provision of such other information as it may deem necessary. In considering requests for such variances, the reviewing board may refer the request to the Borough Engineer, the Environmental Commission, the Morris County Soil Conservation District, the Board of Health, the Lake Musconetcong Regional Planning Board and any other public agency for comment and recommendations.

[1] Editor's Note: Section 194-22A(3) was repealed 12-10-1996 by Ord. No. 96-14. See now Art. III, Planning Board, and Art. IV, Zoning Board of Adjustment, Abolished, of this chapter.