[Added 1-23-1996 by Ord. No. 96-4]
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.
A.
River Conservation Areas are hereby established along
the Manumuskin River in its entirety and the Menantico Creek from
the impoundment at Menantico Lake southward. These overlay areas shall
be one-half-mile wide, measuring 1/4 mile on each side of the center
line of the waterways, as shown on the City of Vineland Zoning Map.
B.
As it is the intent of this article that River Conservation
Areas be overlay areas, any development standards not expressly provided
in this article shall be governed by the underlying zoning district.
In instances where there are duplicative standards for a River Conservation
Area and an underlying zoning district, the more stringent standard
shall take precedence. A permitted or accessory use must be allowed
in both the River Conservation Area and the underlying zoning district
to be permissible. Additionally, lot sizes resulting from development
in accordance with conditional use standards contained in this article
must not be smaller than what would otherwise be allowed in the underlying
zoning district.
The following definitions shall be applicable
to this article:
The production of plants, animals, poultry, bees, forest
products, fruits or flowers with all related pursuits.
The utilization of land by public or nonprofit entities for
the intended purpose of protection and enhancement of resource values.
Such activities shall include, but not be limited to, fish and wildlife
areas, bird sanctuaries, nature areas and historic sites.
The growing and harvesting of trees for commercial purposes.
Any recreational activity which has no significant impact
on the environmental integrity of the area, including but not limited
to such uses as hiking, hunting, trapping, fishing, canoeing, bicycling
and nature study.
Any recreational facility which is accessory to a residential
use and which is intended to be utilized solely by the occupants of
the residential use and their guests.
Lines, conduits or pipes located in a street, road, alley,
easement or utility-owned property through which natural gas, electricity,
telephone, cable television, water, sewerage or stormwater are collected
or conveyed, whatever the case may be.
Any facility which stores, either temporarily or permanently,
disposes of, or transfers solid waste, hazardous waste, radioactive
waste or sludge.
The following uses, if likewise allowed in the
underlying zoning district, shall be permitted in a River Conservation
Area, if all other requirements of this chapter are met:
The following accessory uses, if likewise allowed
in the underlying zoning district, shall be permitted in a River Conservation
Area, if all other requirements of this chapter are met:
A.
Private garage (900 square feet maximum) for a single-family
dwelling.
B.
Personal recreational facility for a single-family
dwelling.
C.
Storage shed (150 square feet maximum) for a single-family
dwelling.
D.
Agricultural employee housing for agricultural or
horticultural operations.
E.
Farm buildings for livestock, equipment, storage of
supplies or harvested crops, or for preparation of crops for market
for agricultural or horticultural operations.
F.
Roadside stand (300 square feet maximum) for a single-family
dwelling or agricultural or horticultural operation.
G.
Equipment storage building for forestry, conservation
activities or passive recreational uses.
H.
Fencing.
I.
Signage.
The following conditional use shall be permitted
in a River Conservation Area if the specific standards in this article,
in addition to all other requirements of this chapter, are met:
The following uses, even if permitted in the
underlying zoning district, shall be prohibited in a River Conservation
Area:
The following design standards shall be applicable
to all permitted uses, along with their allowable accessory uses,
in a River Conservation Area, unless otherwise stated. In instances
where a design standard for an underlying zoning district is more
stringent than the same design standard for a River Conservation Area,
the underlying zoning district shall govern.
A.
Lot size. The minimum lot size shall be five acres.
B.
Waterway frontage. For any lot abutting a waterway
(Manumuskin River or Menantico Creek), the minimum waterway frontage
shall be 300 feet. Said frontage shall be the measurement of a straight
line connecting the two points where two opposing property lines of
the lot in question intersect the center line of the waterway, as
shown on the City of Vineland Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is located at
the end of this volume.
C.
Building setback from waterway. Principal and accessory
buildings shall be a minimum of 350 feet from the center line of the
waterway (Manumuskin River or Menantico Creek), as shown on the City
of Vineland Zoning Map.
E.
Vegetation buffer. Any clearing of natural, indigenous
vegetation shall be a minimum of 100 feet from the center line of
the waterway (Manumuskin River or Menantico Creek), as shown on the
City of Vineland Zoning Map, to provide for the protection and enhancement
of resource values, including the scenic qualities of said waterway.
This provision shall not be applicable to conservation activities,
passive recreational uses, utility transmission and distribution lines
and sewerage pumping stations.
F.
Individual subsurface sewage disposal systems. Design,
approval and construction of individual subsurface sewage disposal
systems shall be in accordance with the provisions of N.J.A.C. 7:9A.
Subsequent to enactment of this article, no lot of record in existence at the time of enactment of this article may be partitioned into more than five lots (four new lots plus remainder) or be subject of a major subdivision application, except as provided for in § 425-322 of this article. The number of lots created by successive development applications shall be counted cumulatively.
A conservation cluster development shall be permitted in a River Conservation Area as a conditional use, provided that all the provisions of this section are met and that none of the resultant lot sizes are less than what would be allowed in the underlying zoning district. Deviation from any of the provisions of this section shall constitute a use variance. It is the purpose of this section to require that greater consideration be given to the protection and enhancement of resource values in the development of property, as more specifically enumerated in § 425-313 of this article.
A.
Eligibility standards. The property to be developed
as a conservation cluster development shall comprise a minimum of
25 contiguous acres, exclusive of public right-of-way.
B.
Permitted and accessory uses. Only single-family dwellings and associated accessory uses, as enumerated in § 425-317 of this article, shall be permitted on the lots within a conservation cluster development, with the exception of the property devoted to open space, where conservation activities and passive recreational uses and their associated accessory uses, as enumerated in § 425-317 of this article, shall be permitted.
C.
Design standards: All the design standards contained in § 425-320 of this article, with the exception of lot size, shall apply to a conservation cluster development, in addition to the following design standards:
(1)
Lot size. The minimum lot size within a conservation
cluster development shall be one acre. (Please note that this lot
size is only attainable if public water and sewer are provided because
of other provisions in this chapter.)
(2)
Density. The maximum gross density within a
conservation cluster development shall be one dwelling unit per four
acres.
(3)
Open space. Within a conservation cluster development,
50% of the land area shall be permanently reserved as contiguous open
space. A minimum of 1/2 of the required amount of open space shall
be upland, free of water bodies, waterways, freshwater wetlands and
freshwater wetlands transition areas established by the Department
of Environmental Protection.
D.
Maintenance of open space. Permanently reserved open
space shall be held by a homeowners' association, of which all owners
of lots within the conservation cluster development are obligated
to be members; a nonprofit conservation organization or a governmental
entity. Said open space shall not be subject to further subdivision
and may only be used in accordance with the provisions of this section.
The application procedure, submission requirements and effect of approval for any type of development within a River Conservation Area, with the exception of a conservation cluster development, shall be in accordance with the provisions contained elsewhere in this chapter. A conservation cluster development, while a conditional use, shall require submission of a preliminary major subdivision plat as part of an application, rather than a site plan. The application procedure, submission requirements and effect of approval for a conservation cluster development shall therefore be the same as those of a major subdivision, except that in addition to the subdivision plat details and other required data contained in § 425-60, the following need also be submitted with a conditional use/preliminary major subdivision application:
B.
Draft homeowners' association documents.
C.
Copies of all restrictive covenants to be applied
to any of the lots within the conservation cluster development, including
the required open space.
D.
A map of existing vegetation showing predominant species,
any specimen trees as inventoried by the Department of Environmental
Protection, and trees with diameters of more than 12 inches, measured
three feet above grade, in addition to limits of clearing for each
lot within the development.
