[HISTORY: Adopted by the Township Committee of the Township
of Mansfield 2-22-2012 by Ord. No. 2012-3.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 22.
Land use procedures — See Ch. 27.
Site plan review — See Ch. 44A.
Stormwater control — See Ch. 48.
Subdivision of land — See Ch. 50.
Trees, shrubbery and landscaping — See Ch. 60A.
Tree removal — See Ch. 60B.
Water emergencies — See Ch. 63.
Zoning — See Ch. 65.
[1]
Editor’s Note: Former Ch. 63A, Water Resource Buffer
Conservation Zones, adopted 6-25-2008 by Ord. No. 2008-17, was repealed
2-9-2011 by Ord. No. 2011-2.
A.
The governing body of the Township of Mansfield finds that lands
adjacent to streams, lakes, or other surface water bodies that are
adequately vegetated provide an important environmental protection
and water resource management benefit. It is necessary to protect
and maintain the beneficial character of areas by implementing specifications
for the establishment, protection, and maintenance of vegetation along
the surface water bodies within the jurisdiction of the Township of
Mansfield, consistent with the interest of landowners in making reasonable
economic use of parcels of land that include such designated areas.
The purpose of this chapter is to designate Assicunk Creek Buffer
Conservation Zones, and to provide for land use regulation therein
in order to protect the streams, lakes, and other surface water bodies
of the Township of Mansfield; to protect the water quality of watercourses,
reservoirs, lakes, and other significant water resources within the
Township of Mansfield; to protect the riparian and aquatic ecosystems
of the Township of Mansfield; to provide for the environmentally sound
use of the land resources of the Township of Mansfield, and to complement
existing state, regional, county, and municipal stream corridor protection
and management regulations and initiatives.
B.
The specific purposes and intent of this chapter are to:
(1)
Restore and maintain the chemical, physical, and biological integrity
of the water resources of the Township of Mansfield;
(2)
Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and denitrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed sheet flow prior to reaching receiving waters;
(3)
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
(4)
Provide for the availability of natural organic matter (fallen leaves
and twigs) and large woody debris (fallen trees and limbs) that provide
food and habitat for small bottom dwelling organisms (insects, amphibians,
crustaceans, and small fish), which are essential to maintain the
food chain;
(5)
Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
(6)
Maintain base flows in streams and moisture in wetlands;
(7)
Control downstream flooding; and
(8)
Conserve the natural features important to land and water resources,
e.g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
The Township of Mansfield is empowered to regulate land uses
under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A
40:55D-1 et seq., which authorizes each municipality to plan and regulate
land use in order to protect public health, safety and welfare by
protecting and maintaining native vegetation in headwaters areas,
groundwater recharge zones, floodways, springs, streams, wetlands,
woodlands, and prime wildlife habitats. The Township of Mansfield
is also empowered to adopt and implement this chapter under provisions
provided by the following legislative authorities of the State of
New Jersey:
A.
Water Pollution Control Act, N.J.S.A. 58:10A et seq.
B.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
C.
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.
D.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
E.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
The Consolidated Land Use Board of Mansfield Township or
Construction Office with all of the powers delegated, assigned, or
assumed by them according to statute or ordinance.
[Amended 3-5-2020 by Ord. No. 2020-5]
A person applying to the Consolidated Land Use Board of Mansfield
Township or the Construction Office proposing to engage in an activity
that is regulated by the provisions of this chapter, and that would
be located in whole or in part within a regulated Riparian Buffer
Conservation Zone.
[Amended 3-5-2020 by Ord. No. 2020-5]
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards at N.J.A.C. 7:9B-1.15, which have been identified
for protection from degradation in water quality characteristics because
of their clarity, color, scenic setting, and other characteristics
of aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
Those waters not designated as Outstanding Natural Resource
Waters or Category One in the Surface Water Quality Standards at N.J.A.C.
7:9B-1.15 for purposes of implementing the antidegradation policies
set forth at N.J.A.C. 7:9B-1.5(d).
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.) and regulations
promulgated thereunder published at N.J.A.C. 7:13 et seq., and any
supplementary or successor legislation and regulations from time to
time enacted or promulgated.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water. Streams shown as
a dashed line on either the USGS topographic quadrangle maps or the
USDA County Soil Survey Maps of the most recent edition that includes
hydrography are included as intermittent streams.
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.
A stream that flows continuously throughout the year in most
years. These streams usually appear as a blue line on USGS topographic
quadrangle maps or on USDA County Soil Survey Maps.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any state open waters identified
in a letter of interpretation issued by the New Jersey Department
of Environmental Protection Land Use Regulation Program shall also
be considered surface water bodies.
A plan adopted by the Township Committee of the Township
of Mansfield by resolution after a public hearing establishing a water
resource management plan for the Township of Mansfield. The plan shall
be prepared by a landscape architect, professional engineer or other
qualified professional, and shall evaluate the effects of any proposed
activity/uses on any WRBCZ. The plan shall identify existing conditions,
all proposed activities, and all proposed management techniques, including
any measures necessary to offset disturbances to any affected WRBCZ.
An area of land or water within or adjacent to a surface water body within the municipality and designated on the Water Resource Buffer Conservation Zone Map promulgated by the Township of Mansfield in accordance with § 63A-4 of this chapter.
A.
Water Resource Buffer Conservation Zones (WRBCZs) shall be delineated
as follows:
(1)
In the case of Category One (C1) waters, the WRBCZ shall equal the
special water resource protection area, and shall be measured as defined
at N.J.A.C. 7:8-5.5(h). Special water resource protection areas are
established along all waters designated as C1 at N.J.A.C. 7:9B and
perennial or intermittent streams that drain into or upstream of the
C1 waters as shown on the USGS quadrangle map or in the county soil
surveys within the associated HUC 14 drainage.
(2)
For areas adjacent to surface water bodies designated Category Two
Waters for Trout Production (FW2-TP), the WRBCZ shall be measured
from the defined edge of the intermittent or perennial stream, or
center line if the bank is not defined, and from the defined edge
of a lake, pond or reservoir at bank-full flow or level, and shall
extend 150 feet horizontally outward from the perpendicular. Where
steep slopes (in excess of 10%) are located within the designated
widths, the WRBCZ shall be extended to include the entire distance
of this sloped area. For areas adjacent to other surface water bodies,
the WRBCZ shall be measured from the top of bank of an intermittent
or perennial stream, or center line if the bank is not defined, and
from the defined edge of a lake, pond or reservoir at bank-full flow
or level, and shall extend 75 feet horizontally outward from the perpendicular.
Where steep slopes (in excess of 15%) are located within the designated
widths, the WRBCZ shall be extended to include the entire distance
of this sloped area to a maximum of 300 feet. NOTE: Municipalities
have the ability to include a series of options, as long as the minimum
requirements of the stormwater management rules are met. If an existing
municipal ordinance includes more stringent buffer requirements, or
if the municipality wished to propose more stringent requirements,
then the more stringent requirements should be applied.
(3)
For areas adjacent to surface water bodies for which the floodway has been delineated, the WRBCZ shall cover the entire floodway area, or the area described in § 63A-4A(1) or (2), whichever area has the greatest extent. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site specific information is available.
B.
Overlay zoning districts. The WRBCZ is an overlay to the existing
zoning districts. The provisions of the underlying district shall
remain in full force except where the provisions of the WRBCZ differ
from the provisions of the underlying district, in which case the
provision that is more restrictive shall apply. These provisions apply
to land disturbances resulting from or related to any activity or
use requiring application for any of the following permits or approvals:
C.
A map of the WRBCZs of the entire municipality of the Township of
Mansfield, including all land and water areas within its boundaries,
which designates surface water bodies, is included as part of this
chapter, and is appended as Appendix A.[1] Maps of the municipality on which these designations have
been overlain shall be on file and maintained by the offices of the
Clerk of Township of Mansfield. This map conforms to all applicable
laws, rules and regulations applicable to the creation, modification
and promulgation of zoning maps.
[1]
Editor's Note: Appendix A is on file in the Township offices.
D.
It shall be the duty of the Engineer of the Township of Mansfield, every second year after the adoption of this chapter, to propose modifications to the map delineating Water Resource Buffer Conservation Zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the WRBCZ map, to record all modifications to the WRBCZ map required by decisions or appeals under § 63A-11, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations. Floodway delineations shall be based upon the state's adopted floodway delineations. However requests for alterations to the adopted delineations can be provided to the Department for consideration if site-specific information is available. All changes to the WRBCZ maps shall be adopted by the Township Committee by resolution after a public hearing.
E.
The applicant or designated representative shall be responsible for
the initial determination of the presence of a WRBCZ on a site, and
for identifying the area on any plan submitted to the Township of
Mansfield in conjunction with an application for a construction permit,
subdivision, land development, or other improvement that requires
plan submissions or permits. This initial determination shall be subject
to review and approval by the municipal engineer, governing body,
or its appointed representative, and, where required, by the New Jersey
Department of Environmental Protection.
F.
The municipal Master Plan provides the legal basis for zoning and
land use regulation at the local level. The technical foundation for
local WRBCZs in this municipality should be incorporated into the
Master Plan. A technical report on the need for Water Resource Buffer
Conservation Zones in the Township of Mansfield may be adopted as
part of the Master Plan [N.J.S.A 40:55D-28b(11)]. The technical report
should include the following information: a statement setting forth
the rationale and need to protect WRBCZs; reference to the methods
used to designate and delineate WRBCZs.
A.
For Category One (C1) WRBCZs, permitted uses are governed by N.J.A.C.
7:8-5.5(h), unless otherwise exempt. If exempt from NJAC 7:8-5.5(h),
the uses shall be governed by this chapter as if the WRBCZ was not
a Category One (C1) WRBCZ.
B.
Any other WRBCZ area shall remain in a natural condition or, if in
a disturbed condition, including agricultural activities, at the time
of adoption of this chapter may be restored to a natural condition.
There shall be no clearing or cutting of trees and brush, except for
removal of dead vegetation and pruning for reasons of public safety
or for the replacement of invasive species with indigenous species.
There shall be no altering of watercourses, dumping of trash, soil,
dirt, fill, vegetative or other debris, regrading or construction.
The following uses are permitted either by right or after review and
approval by the municipality in WRBCZs. No new construction, development,
use, activity, encroachment, or structure shall take place in a WRBCZ,
except as specifically authorized in this section. The following uses
shall be permitted within a WRBCZ:
(1)
Open space uses that are primarily passive in character shall be
permitted by right to extend into a WRBCZ, provided near-stream vegetation
is preserved. These uses do not require approval by the Zoning Enforcement
Officer or compliance with an approved WRBCZ management plan. Such
uses include wildlife sanctuaries, nature preserves, forest preserves,
fishing areas, game farms, fish hatcheries and fishing reserves, operated
for the protection and propagation of wildlife, but excluding structures.
Such uses also include passive recreation areas of public and private
parklands, including unpaved hiking, bicycle and bridle trails, provided
that said trails have been stabilized with pervious materials.
(2)
Fences, for which a permit has been issued by the Construction Code
Office, to the extent required by applicable law, rule or regulation.
(3)
Crossings by farm vehicles and livestock, recreational trails, roads,
railroads, stormwater lines, sanitary sewer lines, water lines and
public utility transmission lines, provided that the land disturbance
is the minimum required to accomplish the permitted use, subject to
approval by the Zoning Enforcement Officer, provided that any applicable
state permits are acquired, and provided that any disturbance is offset
by buffer improvements in compliance with an approved WRBCZ management
plan and that the area of the crossing is stabilized against significant
erosion due to its use as a crossing.
(4)
Stream bank stabilization or riparian reforestation, which conform
to the guidelines of an approved WRBCZ management plan, or wetlands
mitigation projects that have been approved by the Department of Environmental
Protection, subject to approval by the Zoning Enforcement Officer
and subject to compliance with an approved WRBCZ management plan.
A.
All encroachments proposed into Category One (C1) WRBCZs shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt. If exempt, the encroachment shall be subject to the provisions of Subsection B below.
B.
For all other WRBCZs, the following conditions shall apply:
(1)
All new major and minor subdivisions and site plans shall be designed
to provide sufficient areas outside of the WRBCZ to accommodate primary
structures, any normal accessory uses appurtenant thereto, as well
as all planned lawn areas.
(2)
Portions of lots within the WRBCZ must be permanently restricted
by deed or conservation easement held by the Township of Mansfield,
its agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the WRBCZ. A complete copy of the recorded conservation
restriction that clearly identifies the deed book and pages where
it has been recorded in the office of the clerk of the applicable
county or the registrar of deeds and mortgages of the applicable county
must be submitted to the municipality. The applicant shall not commence
with the project or activity prior to making this submittal and receiving
actual approval of the plan modification and receipt of any applicable
permits from the Department of Environmental Protection. The recorded
conservation restriction shall be in the form approved by the municipality
and shall run with the land and be binding upon the property owner
and the successors in interest in the property or in any part thereof.
The conservation restriction may include language reserving the right
to make the minimus changes to accommodate necessary regulatory approvals
upon the written consent of the municipality, provided such changes
are otherwise consistent with this chapter. The recorded conservation
restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated activity, date
of issuance, and date of expiration, and the conservation restriction
that, in addition, includes all of the prohibitions set forth at N.J.S.A.
13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and, where applicable,
for any additional properties subject to the conservation restrictions.
Such survey plans shall be submitted on the surveyor's letterhead,
signed and sealed by the surveyor, and shall include metes and bounds
descriptions of the property, the site, and the areas subject to the
conservation restriction in New Jersey State Plane Coordinates, North
American Datum 1983, and shall depict the boundaries of the site and
all areas subject to the conservation restriction as marked with flags
or stakes on site. All such survey plans shall be submitted on paper
and in digital CAD or GIS file on a media and format defined by the
municipality. The flags or stakes shall be numbered and identified
on the survey plan; and
(c)
A copy or copies of deeds for the property as a whole that indicate
the deed book and pages where it has been recorded in the office of
the clerk of the applicable county or the registrar of deeds and mortgages
of the applicable county.
(3)
Any lands proposed for development which include all or a portion of a WRBCZ shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the WRBCZ which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Buffer Conservation Zone management plan, described in § 63A-10.
(4)
For building lots which exist as of the date of adoption of this
chapter, but for which a building permit or a preliminary site plan
approval has not been obtained or is no longer valid, the required
minimum front, side, and rear setbacks may extend into the WRBCZ,
provided that a deed restriction and/or conservation easement is applied
which prohibits clearing or construction in the WRBCZ.
(5)
All stormwater shall be discharged outside of, but may flow through,
a WRBCZ and shall comply with the Standard For Off-Site Stability
in the "Standards for Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (See N.J.A.C. 2:90-1.3.)
(6)
If stormwater discharged outside of and flowing through a WRBCZ cannot comply with the Standard For Off-Site Stability cited in § 63A-6B(5), then the stabilization measures in accordance with the requirements of the above standards may be placed within the WRBCZ, provided that:
(a)
Stabilization measures shall not be placed closer than 50 feet
to the top of the bank at bank-full flow or level of affected surface
water bodies.
(b)
The encroachment shall only be allowed where the applicant demonstrates
that the functional value and overall conditions of the RBCZ will
be maintained to the maximum extent practicable;
(c)
A conceptual project design meeting shall be held with the appropriate
municipal staff and Soil Conservation District staff to identify necessary
stabilization measures; and
(d)
All encroachments proposed under this section shall be subject
to review and approval by the Administrative Authority.
Nonconforming structures and uses of land within the WRBCZ are
subject to the following standards:
A.
All legally existing but nonconforming structures or uses may be
continued.
B.
Any proposed enlargement or expansion of the building footprint within
a Category One (C1) RBCZ shall comply with the standards in N.J.A.C.
7:8-5.5(h).
C.
For all other WRBCZs:
(1)
Encroachment within the WRBCZ shall only be allowed where previous
development or disturbance has occurred.
(2)
Existing impervious cover shall not be increased within the WRBCZ
as a result of encroachments where previous development or disturbances
have occurred.
(3)
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the WRBCZ, as measured against the intent and purpose under § 63A-1, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this chapter.
A.
Any use within a Category One (C1) WRBCZ shall comply with the standards
in N.J.A.C. 7:8- 5.5(h).
B.
For other WRBCZs, any use or activity not specifically authorized in § 63A-5 or § 63A-7 shall be prohibited within the WBCZ. By way of example, the following activities and facilities are prohibited:
(1)
Removal or clear-cutting of trees and other vegetation or soil disturbance
such as grading, except for selective vegetation removal for the purpose
of stream or riparian area stabilization or restoration projects that
require vegetation removal or grading prior to implementation.
(2)
Storage of any hazardous or noxious materials.
(3)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
(5)
Motor or wheeled vehicle traffic in any area, except as permitted
by this chapter.
(6)
Parking lots.
(8)
New subsurface sewage disposal areas. The expansion and replacement
of existing subsurface sewage disposal areas for existing uses is
permitted.
(9)
Residential grounds or lawns, except as otherwise permitted pursuant
to this chapter.
Activities permitted in Stream Buffer Conservations Zones in
the case of no reasonable or prudent alternative or extreme hardship:
A.
For Category One (C1) WRBCZs, requests for exemptions that fall under
the purview of the Stormwater Management Rules must be authorized
by the New Jersey Department of Environmental Protection, as per N.J.A.C
7:8-5.5(h)1ii.
B.
For other WRBCZs, hardship variances may be granted by the Consolidated
Land Use Board of Mansfield Township in cases of a preexisting lot
(existing at the time of adoption of this chapter) when there is insufficient
room outside the WRBCZ for uses permitted by the underlying zoning
and there is no other reasonable or prudent alternative to placement
in the WRBCZ, including obtaining variances from setback or other
requirements that would allow conformance with the WRBCZ requirements,
and provided the following demonstrations are made:
[Amended 3-5-2020 by Ord. No. 2020-5]
(1)
Economic hardship.
(a)
An applicant shall be deemed to have established the existence
of an extreme economic hardship, if the subject property is not capable
of yielding a reasonable economic return if its present use is continued
or if it is developed in accordance with provisions of this chapter
and that this inability to yield a reasonable economic return results
from unique circumstances peculiar to the subject property which:
[1]
Do not apply to or affect other property in the immediate vicinity;
[2]
Relate to or arise out of the characteristics of the subject
property because of the particular physical surroundings, shape or
topographical conditions of the property involved, rather than the
personal situations of the applicant; and are not the result of any
action or inaction by the applicant or the owner or his predecessors
in title.
(b)
The necessity of acquiring additional land to locate development
outside the WRBCZ shall not be considered an economic hardship unless
the applicant can demonstrate that there is no adjacent land that
is reasonably available or could be obtained, utilized, expanded or
managed in order to fulfill the basic purpose of the proposed activity.
(2)
An applicant shall be deemed to have established compelling public
need if the applicant demonstrates, based on specific facts that one
of the following applies:
(3)
A variance can only be granted if it is shown that the activity is
in conformance with all applicable local, state, and federal regulations,
and that the exception granted is the minimum relief necessary to
relieve the hardship.
C.
If the above demonstrations are made, then the encroachment of impervious
surfaces (structures or pavement) otherwise permitted by the underlying
zoning is permitted to the extent of 750 square feet total. Said encroachment
is not permitted closer than 100 feet to the top of the bank at bank-full
flow or level of Category Two Waters for Trout Production (FW2-TP),
or closer than 50 feet to the top of the bank at bank-full flow or
level of other surface water bodies.
D.
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded WRBCZ area within or adjacent to the same site, and at least equivalent in size to the WRBCZ reduction permitted, or, if not possible, rehabilitate or expand an RBCZ area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a WRBCZ management plan, as described in § 63A-10 below. NOTE: The municipality may require financial contribution be made to an open space or municipal stormwater management plan mitigation plan fund in exchange for this requirement if authorized by the Department. The use of this option is still under consideration by the Department.
A.
Within any WRBCZ, no construction, development, use, activity, or
encroachment shall be permitted unless the effects of such development
are accompanied by preparation, approval, and implementation of a
Water Resource Buffer Conservation Zone management plan.
B.
The landowner, applicant, or developer shall submit to Township Consolidated
Land Use Board, or its appointed representative, a Water Resource
Buffer Conservation Zone management plan prepared by an environmental
professional, professional engineer or other qualified professional,
which fully evaluates the effects of any proposed uses on the WRBCZ.
[Amended 3-5-2020 by Ord. No. 2020-5]
(1)
The Water Resource Buffer Conservation Zone management plan shall
identify the existing conditions, including:
(a)
Existing vegetation;
(b)
Field-delineated surface water bodies;
(c)
Field-delineated wetlands;
(d)
The one-hundred-year floodplain;
(e)
Flood hazard areas, including floodway and flood-fringe areas,
as delineated by the New Jersey Department of Environmental Protection;
(f)
Soil classifications as found on soil surveys;
(g)
Existing subdrainage areas of site with HUC-14 (Hydrologic Unit
Code) designations;
(h)
Slopes in each subdrainage area segmented into sections of slopes
less than or equal to 15%; above 15% but less 20%; and greater than
20%.
(2)
The proposed plan shall describe all proposed uses/activities, and
fully evaluate the effects of all proposed uses/activities in a WRBCZ,
and all proposed management techniques, including proposed vegetation
and any other measures necessary to offset disturbances to the WRBCZ.
A discussion of activities proposed as well as management techniques
proposed to offset disturbances and/or enhance the site to improve
the WRBCZ's ability to function effectively as a WRBCZ shall also
be included with the WRBCZ management plan submittal to Township of
Mansfield.
C.
The plan shall be reviewed and must be approved by the Engineer of
the Township of Mansfield, in consultation with the Environmental
Commission, as part of the subdivision and land development process.
D.
The Water Resource Buffer Conservation Zone management plan must
include management provisions in narrative and/or graphic form specifying:
(1)
The manner in which the area within the WRBCZ will be owned and by
whom it will be managed and maintained.
(2)
The conservation and/or land management techniques and practices
that will be used to conserve and protect the WRBCZ, as applicable.
(3)
The professional and personnel resources that are expected to be
necessary, in order to maintain and manage the WRBCZ.
(4)
A revegetation plan, if applicable, that includes three layers of
vegetation, including herbaceous plants that serve as ground cover,
understory shrubs, and trees that when fully mature will form an overhead
canopy. Vegetation selected must be native, noninvasive species, and
consistent with the soil, slope and moisture conditions of the site.
The revegetation plan shall be prepared by a qualified environmental
professional, landscape architect, or professional engineer, and shall
be subject to the approval of the Municipal Engineer, in consultation
with the Environmental Commission. Dominant vegetation in the Riparian
Buffer Conservation Zone management plan shall consist of plant species
that are suited to the stream buffer environment. The Engineer of
the Township of Mansfield may require species suitability to be verified
by qualified experts from the Soil Conservation District, Natural
Resources Conservation Service, New Jersey Department of Environmental
Protection, United States Fish and Wildlife Service and/or state or
federal forest agencies.
E.
A Water Resource Buffer Conservation Zone management plan is not required where the WRBCZ is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the WRBCZ. Either a Water Resource Buffer Conservation Zone management plan as required by § 63A-10, or a request for a waiver of the Water Resource Buffer Conservation Zone management plan pursuant to this section, shall be submitted with the application for development.
[Amended 3-5-2020 by Ord. No. 2020-4]
F.
Performance of the Water Resource Buffer Conservation Zone management
plan shall be guaranteed for a period of two years through a guarantee
such as a bond, cash or letter of credit, which shall be provided
to the Township of Mansfield prior to the Township of Mansfield issuing
any permits or approving any uses relating to the applicable use or
activity.
A.
When a landowner or applicant disputes the boundaries of a WRBCZ,
or the defined bank-full flow or level, the landowner or applicant
shall submit evidence to the Land Use Coordinator that describes the
WRBCZ, presents the landowner or applicant's proposed WRBCZ delineation,
and presents all justification for the proposed boundary change. For
Category One (C1) WRBCZs, 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.
B.
Within 45 days of a complete submission of § 63A-11A above, the Engineer of the Township of Mansfield, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Land Use Coordinator and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
C.
Any party aggrieved by any such determination or other decision or determination under § 63A-11B may appeal to the Township Consolidated Land Use Board under the provisions of this chapter. The party contesting the location of the WRBCZ boundary shall have the burden of proof in case of any such appeal.
[Amended 3-5-2020 by Ord. No. 2020-5]
D.
Any party aggrieved by any determination or decision of the Township
Consolidated Land Use Board under this chapter may appeal to the Township
Committee of the Township of Mansfield. The Township Committee shall
conduct a de novo review of the matter on the record produced by the
Township Consolidated Land Use Board. The party contesting the determination
or decision shall have the burden of proof in case of any such appeal.
[Amended 3-5-2020 by Ord. No. 2020-5]
E.
Inspections.
(1)
Lands within or adjacent to an identified WRBCZ shall be inspected
by the Township Engineer when:
(2)
The WRBCZ may also be inspected periodically by representatives from
the Township of Mansfield if excessive or potentially problematic
erosion is present, other problems are discovered, or at any time
when the presence of an unauthorized activity or structure is brought
to the attention of municipal officials or when the downstream surface
waters are indicating reduction in quality. All inspections should
be in accordance with local, state and federal requirements for property
owner notification and permission. The Township is not engaged in
conduct monitoring. Rather, it is being given the ability by this
chapter to react to changes in water quality that are brought to light
by either the Department or another reputable data collector.
F.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this chapter
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this chapter apply.
G.
Severability.
(1)
Interpretation. This chapter shall be so construed as not to conflict
with any provision of New Jersey or federal law.
(2)
Notwithstanding that any provision of this chapter is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the chapter shall continue to be of full
force and effect.
(3)
The provisions of this chapter shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
A prompt investigation shall be made by the appropriate personnel
of the Township of Mansfield, of any person or entity believed to
be in violation hereof. If, upon inspection, a condition which is
in violation of this chapter is discovered, a civil action in the
Special Part of the Superior Court, or in the Superior Court, if the
primary relief sought is injunctive or if penalties may exceed the
jurisdictional limit of the Special Civil Part, by the filing and
serving of appropriate process. Nothing in this chapter shall be construed
to preclude the right of Township of Mansfield, pursuant to N.J.S.A
26:3A2-25, to initiate legal proceedings hereunder in Municipal Court.
The violation of any section or subsection of this chapter shall constitute
a separate and distinct offense independent of the violation of any
other section or subsection, or of any order issued pursuant to this
chapter. Each day a violation continues shall be considered a separate
offense.
