A.
On May 7, 1987, the U.S. Congress passed legislation (Public Law 100-33) authorizing the study of portions of the Maurice and Manumuskin Rivers and Menantico Creek for possible inclusion in the National Wild and Scenic Rivers System. This study, conducted jointly by the National Park Service and the Cumberland County Department of Planning and Development, evaluated the portions of the rivers included in the National Rivers Inventory, in addition to other segments suggested by the Wild and Scenic Rivers Task Force. At the conclusion of the study, it was found that, within Vineland, the Manumuskin River in its entirety and the Menantico Creek from the impoundment at Menantico Lake southward were eligible for inclusion as "scenic" rivers.
B.
On November 26, 1991 (Resolution No. 91-680), and on February 9, 1993 (Resolution No. 93-133), City Council endorsed inclusion of these river segments in the National Wild and Scenic Rivers System and authorized development of an ordinance to implement local regulatory controls. It is therefore the purpose of this resultant ordinance to:
(1)
Delineate identifiable areas, to be known as River Conservation Areas, within which additional regulatory controls shall be imposed.
(2)
Protect the health, safety and welfare of residents within River Conservation Areas, as well as the community in general.
(3)
Provide for the protection and enhancement of resource values identified in the draft report, entitled "The Maurice River and Its Tributaries National Wild and Scenic Rivers Study," prepared by the National Park Service in May 1992.
(4)
Preserve environmentally sensitive areas, including but not limited to freshwater wetlands, floodplains and fish and wildlife habitat areas.
(5)
Prevent environmental degradation.
(6)
Protect threatened and endangered species and their supporting habitat areas.
(7)
Encourage utilization of portion of sites with most suitable soils for development.
(8)
Maintain the scenic qualities within River Conservation Areas.
(9)
Preserve specimen trees, as inventoried by the Department of Environmental Protection, and minimize cutting of trees with diameters of more than 12 inches, measured three feet above grade.
(10)
Prevent degradation of water quality, including both purity and clarity, in waterways within River Conservation Areas and ensure the free-flowing condition of these waterways.
(11)
Identify those land uses which would effectuate the purpose of this article, those land uses which would effectuate the purpose of this article only if special conditions are applied and those land uses which would be contrary to the purpose of this article.
(12)
Allow the continuation of existing, traditional land and water uses at their present scale within River Conservation Areas and only encourage expansion if said uses would effectuate the purpose of this article.
(13)
Implement development and design standards to provide for the protection and enhancement of resource values.
(14)
Provide for regional management of the waterways through implementation of comparable, though not identical, land use controls and development and design standards with neighboring communities.