[Amended 8-8-2001 by Ord. No. 2001-16]
No land may be used and no structure may be
erected, raised, moved, extended, enlarged, altered, demolished, or
used for any purpose other than a purpose permitted herein for the
zone in which it is located, and all construction shall be in conformity
with the regulations provided for the zone in which such condition
or premises is located. Uses not specifically permitted are prohibited.
A.
Principal use; principal structures. Unless otherwise
specified in this chapter, no more than one principal use or building
shall be permitted on any one lot.
B.
Accessory buildings. The following regulations are
in addition to those set forth for accessory buildings in each zone
district:
(1)
Any accessory building attached to a principal building
shall be considered part of the principal building, and the total
structure shall adhere to the yard requirements for the principal
building, regardless of the technique of connecting the principal
and accessory buildings.
(2)
Except for farm buildings, no permit shall be issued
for the construction of an accessory building prior to the issuance
of a permit for the construction of the principal building upon the
same premises. If construction of the principal building does not
precede or coincide with the construction of the accessory building,
the Construction Official shall revoke the construction permit for
the accessory building until construction of the principal building
has proceeded substantially toward completion.
(3)
If ponies, horses, cows, sheep, fowl or other farm livestock are kept on any property as provided in this chapter, and a building for the shelter and care of such animals is provided, such building shall not be located closer than 100 feet from any property or street right-of-way line, except as provided in § 363-62.
The maximum building height limitations set
forth for each zone district shall apply for all buildings and structures,
except that farm structures may be erected to a height of 70 feet,
church spires or similar structures may be erected to a height of
55 feet, and projections above the roof line, not exceeding a total
of 15% of the ground floor area of the building and not exceeding
15 feet above the maximum height limitation for the district, are
permitted, subject to site plan approval, where applicable, when necessary
to provide heating and air conditioning or elevator equipment.
Fences and walls are permitted in all zones,
provided:
The outdoor storage or display of any article
or material as part of a commercial operation is permitted subject
to the following regulations:
A.
The outdoor storage of any article or material, other
than merchandise for sale on the premises, is permitted in any nonresidential
zone, providing that such storage shall be limited to the rear yard
only and shall be screened by fencing, planting or both along any
lot line adjoining a residential zone and elsewhere as approved by
the Board. The height of the fence shall be equal to or greater than
the height of the material stored, providing that neither the height
of the material stored nor of the fence shall exceed six feet. Materials
stored outdoors shall be kept in an orderly manner at all times and
shall not include any discarded or abandoned articles.
B.
Material stored outdoors shall be located within the
minimum required accessory building setback lines.
C.
The temporary outdoor storage of merchandise for sale
on the premises is permitted in the front, side and rear yards of
properties in the B-1, B-2 and I zones, provided such storage is located
within the minimum required principal building setback lines. The
area devoted to such storage shall be shown on the site plan and approved
by the Board. It shall be screened along any side or rear lot line
adjoining a residential zone. The height of the material stored outdoors
shall not exceed six feet, except in the I zone, where the height
of stored material shall not exceed 15 feet or the height of the building,
whichever is less. No article or material shall be stored in any required
parking area or so located as to interfere with vehicular or pedestrian
traffic movement or safety.
D.
The temporary outdoor storage of live plants being
displayed for sale on the premises is permitted in the B-1 and B-2
zones only and may be located within 25 feet of a street right-of-way
and up to 10 feet of a property line.
E.
Excepting the outdoor storage of live plants, not
more than 50% of any yard shall be devoted to outdoor storage or display.
F.
Temporary outdoor storage of merchandise for sale
or live plants in other than a garden center as defined herein, shall
be confined to a period not exceeding 60 days.
No area providing front, side or rear yard space
for one building shall be considered as providing the yard provisions
of another. A lot with frontage on two or more streets, including
corner lots, shall have building setback from each street not less
than the required front yard.
[Amended by Ord. No. 02-93]
A.
Pursuant to the Air Safety and Zoning Act of 1983,
P.L. 1983 C. 260 (N.J.S.A. 6:1-80 et seq.) and the implementing regulations,
N.J.A.C. 16:62-1.1 et seq., said regulations and all subsequent amendments
and supplements thereto are hereby adopted by reference and made a
part of this chapter.
B.
N.J.A.C. 16:62-1.1 et seq. is incorporated herein
and made a part hereof by reference; three copies thereof are on file
in the Office of the Clerk of the Township of Mansfield.
C.
Any provisions contained this chapter or any other
chapter of the Code of Mansfield Township which are inconsistent,
in whole or in part, with the provisions of N.J.A.C. 16:62-1.1 et
seq. are herewith repealed, but only to the extent of such inconsistencies,
the remaining portions or provisions thereof, to remain valid and
in full force and effect.
A.
Flag lots, as herein defined and regulated, may be
created in all residential zones.
B.
The flag lot created shall contain a minimum gross
area of five acres, exclusive of the area contained within the access
strip or flagstaff, and shall contain a constraint-free area meeting
the following requirements:
(1)
Constrained areas. The following areas are determined
to represent constraints on the development of a lot:
(a)
Wetlands and buffers.
(b)
Floodway and buffers.
(c)
Floodway fringe.
(d)
Slopes greater than or equal to 15%.
(e)
Rock outcroppings.
(f)
Depth to seasonal high water less than three
feet (where septic systems are proposed).
(g)
Depth to bedrock less than 3.5 feet (where septic
systems are proposed).
(2)
All lots shall include within each lot an area which
is free of constraints. The constraint-free area shall meet the following
requirements:
(a)
Where the lot is served by water and sewer,
the minimum constraint-free area shall be 1/2 acre (21,780 square
feet).
(b)
Where the lot is not to be served by water and
sewer, the minimum constraint-free area shall be 3/4 of an acre (32,670
square feet).
(c)
A minimum of 1/2 of the constraint-free land
shall be within the minimum required yards.
(d)
The constraint-free area shall be contiguous
and shall be of such a shape that the length to the width shall not
be in a ratio of greater than 4:1.
(e)
The Planning Board shall have the authority
to allow, in certain specific instances, variations from the shape
parameters and the requirement that the constraint-free area be contiguous,
provided that the applicant can demonstrate that a dwelling can be
constructed on the parcel having the following improvements in constraint-free
areas:
(3)
In no case shall the constraint-free area be less
than the minimum required herein.
C.
Each flag lot shall abut an existing public road,
meeting the requirements of N.J.S.A. 40:55D-35, by way of an access
strip which shall be owned in fee, rather than served by an easement
or right-of-way, and shall be conveyed as part of the flag lot; such
access strip shall have a width of no less than 50 feet fronting upon
such road and shall have a width of no less than 50 feet at all other
points between the intersection of the access strip with the public
road and its intersection with the rear line of the flag lot created;
and said access strip shall remain open and unbuilt upon at all times;
provided, however, that lots existing separately as of the date of
this chapter and confirming in all other respects to the provisions
hereof shall be permitted to meet the access strip requirement with
a perpetual and title insurable easement or right-of-way of a minimum
of 25 feet in width, conforming to the requirements herein.
D.
Development criteria.
(1)
It shall be demonstrated by the developer to the Planning Board that the access strip can be improved in accordance with the provisions of Chapter 167, Driveways, so as to assure suitability of the access by motor vehicles, including emergency vehicles and equipment, in all weather conditions.
(2)
It shall also be demonstrated that there are adequate
permanent and title insurable land rights to construct the driveway
and its appurtenant slopes, drainage and other features.
E.
Flag lots shall be created only in conjunction with
an overall development plan of the entire tract of which the flag
lot is a part, and the applicant shall demonstrate to the Planning
Board a need, consistent with good planning principles, for the creation
of the flag lot, and shall further demonstrate that normal subdivision
techniques are not practical because of the topography, lot or land
constraints of the land related to the proposed development concept.
F.
All flag lots to be created shall further conform
to the following minimum requirements:
(1)
The flag lot shall be deemed to front upon such access
strip, and the required lot width at the street line shall be measured
along said access strip. All other dimensional requirements applicable
to the zone district in which said flag lot is located shall be complied
with and shall be measured from and deemed to relate to said access
strip.
(2)
The entire lot shall be located only upon one side
of the access strip.
(3)
Such flag lots shall not be further subdivided, nor shall the access strip to same be used as access to any other lot or tract of land, unless all improvements required by Chapter 362, Subdivision and Site Plan Review, have been installed, including the construction of a street or road leading from the public road to all lots proposed to be so served, which street or road shall meet all the design and construction standards as set forth in all the ordinances applicable thereto.
(4)
The creation of a flag lot as herein provided shall
be considered a subdivision and shall be subject to the definitions
and limitations as provided in all the applicable Mansfield Township
land use ordinances.
(5)
Flag lots shall not be permitted in any subdivision
involving the creation of new streets.
(6)
No street frontage (access strip) of any flag lot
shall be located within 500 feet of the access strip of any other
flag lot on the same side of the street.
(7)
The geometry of any flag lot shall be such that the
lot shall accommodate, entirely within its lot lines, a circle with
a diameter of not less than 300 feet, and no portion of the required
access strip shall be included within the circle.
A.
Intent and purpose. The governing body of the Township
of Mansfield finds that riparian 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 riparian 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 section
is to designate riparian 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. The results of these measures are to:
(1)
Restore and maintain the chemical, physical and biological
integrity of the water resources 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.
B.
Establishment of riparian buffer conservation zones.
Riparian buffer conservation zones (RBCZs) shall be delineated as
follows:
(1)
In the case of Category One (C1) waters, the RBCZ
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 (C2) waters for trout production (FW2-TP) the RBCZ shall
be measured from the defined edge of the 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.
(3)
For areas adjacent to other surface water bodies,
the RBCZ shall be measured from the top of bank of the perennial stream,
or center line if 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 25% are located within the designated widths, the RBCZ
shall be extended to include the entire distance of this sloped area
to a maximum of 100 feet.
(4)
For areas adjacent to surface water bodies for which
the floodway has been delineated, the RBCZ shall cover the entire
floodway area, or the area described in hereinabove, 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 of site specific information
is available.
C.
Establishment of an RBCZ as an overlay zone.
(1)
An RBCZ is established as an overlay to the existing
zoning districts. The provisions of the underlying district shall
remain in full force except where the provisions of the RBCZ 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:
(2)
Development requiring only a building permit that
involves less than 1/4 acre impervious increase and less than an acre
of disturbance can be exempt from the chapter requirements, provided
that it is for ancillary structures or is an expansion of an existing
structure, and provided the municipal official responsible for issuing
building permits makes the finding that there is no feasible alternative
to encroachment into the designated buffer area.
(3)
The applicant shall be responsible for the initial
determination of the presence of an RBCZ on a site, and for the preparation
of a Riparian Buffer Conservation Zone Management Plan as set forth
hereinbelow and identifying the area on any plan submitted to the
Township of Mansfield, in conjunction with an application for a land
development. This initial determination shall be subject to review
and approval by the Administrative Authority and, where required,
by the New Jersey Department of Environmental Protection.
D.
Uses permitted in riparian buffer conservation zones:
(1)
For Category One (C1) RBCZs, 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 RBCZ.
(2)
Any other RBCZ area shall remain in a natural condition
or, if in a disturbed condition, including agricultural activities,
at the time of adoption of this chapter shall be restored to a natural
condition unless said agricultural activity shall continue. 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 RBCZs. The following uses after review and approval
by the Administrative Authority shall be permitted within an RBCZ:
(a)
Open space uses that are primarily passive in
character shall be permitted to extend into an RBCZ, provided near-stream
vegetation is preserved. These uses do not require approval by the
Approving Authority or compliance with an approved RBCZ Management
Plan. Such uses include wildlife sanctuaries, nature preserves, forest
preserves and fishing areas 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.
(b)
Fences, for which a permit has been issued to
the extent required by applicable law, rule or regulation.
(c)
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 Administrative Authority, provided
that any applicable state permits are acquired.
(d)
Stream bank stabilization or riparian reforestation,
which conform to the guidelines of an approved RBCZ Management Plan,
or wetlands mitigation projects that have been approved by the Department
of Environmental Protection, subject to approval by the Administrative
Authority and subject to compliance with an approved RBCZ Management
Plan.
E.
Performance standards for riparian buffer conservation
zones.
(1)
All encroachments proposed into Category One (C1)
RBCZs 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 below.
(2)
For all other RBCZs, the following conditions shall
apply:
(a)
All new major and minor subdivisions and site
plans shall be designed to provide sufficient areas outside of the
RBCZ to accommodate primary structures, any normal accessory uses
appurtenant thereto, as well as all planned lawn areas.
(b)
Portions of lots within the RBCZ must be permanently
restricted by deed or conservation easement in which the Township
of Mansfield has been named as a third-party beneficiary, provided
that the easement may also be held by a public or private land conservation
organization which has the ability to provide adequate protection
to prevent adverse impacts within the RBCZ. 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 or assigns in interest in the property or in any part
thereof. The conservation restriction may include language reserving
the right to make de minimus changes to accommodate necessary regulatory
approvals upon the written consent of Mansfield Township, provided
such changes are otherwise consistent with this chapter. The recorded
conservation restriction shall, at a minimum, include:
[1]
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);
[2]
Survey metes and bounds description for the
property as a whole and, where applicable, for any additional properties
of the applicant subject to the conservation restrictions; and
(c)
Any lands proposed for development which include
all or a portion of an RBCZ shall as a condition of any major subdivision
or major site plan approval, provide for the vegetation or revegetation
of any portions of the RBCZ 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 plan species to the maximum extent practicable.
(d)
All stormwater shall be discharged outside of
but may flow through an RBCZ 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.)
(e)
If stormwater discharged outside of and flowing
through an RBCZ cannot comply with the standard for off-site stability,
then the stabilization measures in accordance with the requirements
of the above standards may be placed within the RBCZ, provided that:
[1]
Stabilization measures shall not be placed closer
than 50 feet from the top of the bank at bank-full flow or level of
affected surface water bodies;
[2]
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;
[3]
A conceptual project design meeting shall be
held with the appropriate municipal staff and Natural Resources Conservation
District staff to identify necessary stabilization measures; and
[4]
All encroachments proposed under this section
shall be subject to review and approval by the Administrative Authority.
F.
Nonconforming structures and uses in riparian buffer
conservation zones. Nonconforming structures and uses of land within
the RBCZ are subject to the following requirements:
(1)
Legally existing but nonconforming structures or uses
may be continued.
(2)
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).
(3)
For all other RBCZs:
(a)
Encroachment within the RBCZ shall only be allowed
where previous development or disturbance has occurred.
(b)
Existing impervious cover shall not be increased
within the RBCZ as a result of encroachments where previous development
or disturbances have occurred.
(c)
Discontinued nonconforming uses may be resumed
any time when showing clear indications of having not been abandoned.
No change or resumption shall be permitted that is more detrimental
to the RBCZ, as measured against the intent and purpose hereinabove,
than the existing or former nonconforming use. This abandonment 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.
G.
Uses prohibited in riparian buffer conservation zones.
(1)
Any use within a Category One (C1) RBCZ shall comply
with the standards in N.J.A.C. 7:8-5.5(h).
(2)
For other RBCZs, any use or activity not specifically
authorized herein shall be prohibited within the RBCZ. The following
activities and facilities and any similar such activities or facilities
are prohibited:
(a)
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.
(b)
Storage of any hazardous or noxious materials.
(c)
Use of fertilizers, pesticides, herbicides,
and/or other chemicals in excess of prescribed industry standards
or the recommendations of the Soil Conservation District.
(d)
Roads or driveways, except where permitted in
compliance with this section.
(e)
Motor or wheeled vehicle traffic in any area,
except as permitted by this chapter.
(f)
Parking lots.
(g)
Any type of permanent structure, except structures
needed for a use permitted by this section.
(h)
New subsurface sewage disposal areas, provided
that the expansion and replacement of existing subsurface sewage disposal
areas for existing uses is permitted.
(i)
Residential grounds or lawns, except as otherwise
permitted pursuant to this article.
H.
Activities permitted in stream buffer conservation
zones in the case of no reasonable or prudent alternative or extreme
hardship; interpretations.
(1)
For Category One (C1) RBCZs, 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)1.ii.
(2)
For other RBCZs, variances subject to the provisions
of N.J.S.A. 40:55D-70c may be granted by the Administrative Authority
in cases of a preexisting lot (existing at the time of adoption of
this chapter) when there is insufficient room outside the RBCZ for
uses permitted by the underlying zoning and there is no other reasonable
or prudent alternative to placement in the RBCZ, including obtaining
variances from setback or other requirements that would allow conformance
with the RBCZ requirements. In any event said encroachment is not
permitted closer than 100 feet from 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 from the top of the bank at bank-full flow
or level of other surface water bodies.
(3)
When a landowner or applicant disputes the boundaries
of a Category 2 (C2) RBCZ, or the defined bank-full flow or level,
the landowner or applicant shall submit evidence to the Administrative
Authority that describes the RBCZ, presents the landowner or applicant's
proposed RBCZ delineation, and presents all justification for the
proposed boundary change.
I.
Riparian buffer conservation zone management plan.
(1)
In conjunction with a subdivision or site plan within
any RBCZ, 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 Riparian Buffer
Conservation Zone Management Plan.
(2)
The landowner, applicant, or developer shall submit
to approving authority, or its appointed representative, a Riparian
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 RBCZ.
The Riparian 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 than
20%; and greater than 20%.
(3)
The proposed plan shall describe all proposed uses/activities,
and fully evaluate the effects of all proposed uses/activities in
an RBCZ, and all proposed management techniques, including proposed
vegetation and any other measures necessary to offset disturbances
to the RBCZ. A discussion of activities proposed, as well as management
techniques proposed to offset disturbances and/or enhance the site
to improve the RBCZ's ability to function effectively as an RBCZ,
shall also be included with the RBCZ management plan submittal to
the Township of Mansfield.
(4)
The Riparian Buffer Conservation Zone Management Plan
must include management provisions in narrative and/or graphic form
specifying:
(a)
The manner in which the area within the RBCZ
will be owned and by whom it will be managed and maintained.
(b)
The conservation and/or land management techniques
and practices that will be used to conserve and protect the RBCZ,
as applicable.
(c)
The professional and personnel resources that
are expected to be necessary in order to maintain and manage the RBCZ.
(d)
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 Administrative
Authority. Dominant vegetation in the Riparian Buffer Conservation
Zone Management Plan shall consist of plant species that are suited
to the stream buffer environment.
(e)
A Riparian Buffer Conservation Zone Management
Plan is not required where the RBCZ is not being disturbed and conservation
easements/deed restrictions are applied to ensure there will be no
future clearing or disturbance of the RBCZ.
(f)
Performance of the Riparian Buffer Conservation Zone Management Plan shall be guaranteed by a surety, such as a bond, cash or letter of credit, issues in accordance with bonding provisions of Article V of Chapter 360 or the code 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.
J.
Inspections. Lands within or adjacent to an identified
RBCZ may be inspected by designee of the Township when:
(1)
A subdivision or land development plan is submitted;
(2)
A change or resumption of a nonconforming use is proposed;
(3)
A discontinued nonconforming use is resumed;
(4)
The RBCZ 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.
