The specific purpose and intent of this chapter
is to:
A. Regulate the land use, siting and engineering of all
development to be consistent with the intent and objectives of this
chapter and accepted conservation practices, so as to respect the
carrying capacity of existing natural resources as new development
occurs.
B. Reduce the amount of nutrients, sediment, organic
matter, pesticides and the harmful substances that reach watercourses,
wetlands and other surface water bodies as well as subsurface waters
by optimizing scientifically proven processes including filtration,
deposition, absorption, adsorption, plant uptake, biodegradation,
denitrification through stabilizing concentrated flows and encouraging
distributed sheet flow and by improving infiltration.
C. Provide for shading (i.e. cooling) of the aquatic
environment so as to moderate temperatures, protect fish habitat,
retain more dissolved oxygen and encourage the growth of diatoms,
beneficial algae and aquatic insects.
D. Provide organic matter through leaf debris which falls
into the stream and becomes trapped by woody debris (fallen trees
and limbs) and rocks where such provides food and habitat for small
bottom-dwelling organisms (insects, amphibians, crustaceans and small
fish) essential to maintain the food chain.
E. Increase streambank stability and maintain natural
fluvial geomorphology of the stream system, reducing streambank erosion
and sediment production and protecting fish habitat.
F. Conserve the natural features important to land and
water resources (e.g. headwater areas, groundwater recharge zones,
floodway, floodplain, springs, streams, wetlands, woodlands, prime
wildlife habitats) and other features constituting high recreational
value or containing amenities that exist on developed and undeveloped
land.
G. Conserve natural, scenic and recreation areas within
and adjacent to stream areas for the community unity's benefit,
promoting the positive functions of greenways.
H. Improve and maintain the safety, reliability and adequacy
of the water supply for domestic, agricultural, commercial, industrial
and recreational uses along with sustaining diverse populations of
aquatic flora and fauna.
I. Work with floodplain, steep slope and other ordinances
that regulate environmentally sensitive areas to minimize hazards
to life, property and stream features.
J. Assist in the implementation of pertinent state laws
concerning erosion and sediment control practices.
For the purposes of this chapter, the following
words and phrases shall have these definitions:
INTERMITTENT STREAM
A stream that does not always have water in it, that has
a drainage area of 50 acres or greater, or is portrayed as a dashed
line on a USDA soil survey map of the most recent edition, whichever
is more restrictive.
PERENNIAL STREAM
A stream that flows continuously throughout the year in most
years.
REVIEWING BOARD
The Planning Board or Board of Adjustment of the Township
of East Hanover, whichever shall have jurisdiction over the respective
subdivision or land development application.
STREAM
A natural watercourse containing flowing water for at least
part of the year.
In addition to regulated activities permitted
by the state, provision for unpaved trail access and selective removal
of hazardous or invasive vegetative species, the following uses are
permitted in the Stream Corridor Protection Zone, either by right
or after review and approval by the Director of Land Use. However,
within any buffer, no construction, development, use, activity or
encroachment shall be permitted unless the activity is described in
the stream buffer management plan as set forth below.
A. Zone One.
(1) As a matter of right, open space uses which are primarily
passive in character shall be permitted to extend into the area defined
as Zone One, including:
(a)
Wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, passive areas of public and private parkland,
and reforestation in compliance with the guidelines of the stream
corridor management plan.
(b)
Streambank stabilization in compliance with
the guidelines of the stream corridor management plan.
(2) Subject to approval of a reviewing board, zone crossings
by recreational trails, roads, railroads, centralized sewer and/or
water lines, and public utility transmission lines shall be permitted,
provided that any disturbance is offset by buffer improvements identified
in the stream corridor management plan.
B. Zone Two.
(1) The following uses, which are primarily passive, shall
be permitted by right to extend into the area defined as Zone Two:
(a)
Open space uses including wildlife sanctuaries,
nature preserves, forest preserves, fishing areas, passive areas of
public and private parkland, and recreational trails.
(b)
Reforestation in compliance with appropriate
guidelines as specified in the stream corridor management plan as
set forth below.
(c)
Minimum required front, side and rear yards
on private lots, provided that no yard may extend into Zone Two more
than half the distance between the outer boundaries of Zone One and
Zone Two.
(2) The following uses require approval of a municipal
reviewing board:
(a)
Buffer crossings by roads, railroads, centralized
sewer and/or water lines, and public utility transmission lines shall
be permitted, provided that any disturbance is offset by buffer improvements
identified in the stream corridor management plan.
(b)
Centralized sewer and/or water lines and public
utility transmission lines running along the buffer, provided that
any disturbance is, at a minimum, offset by buffer improvements identified
in the stream corridor management plan. These lines shall be located
as far from Zone One as practical.
(c)
Selective cutting of trees when removal is consistent
with approved standards in the stream corridor management plan.
(d)
Areas such as camps, campgrounds, picnic areas
and golf courses. Active recreation areas such as ballfields, playgrounds
and courts provided these uses are designed in a manner that will
not permit concentrated flow.
(e)
Naturalized stormwater basins in compliance
with the provisions of the stream corridor management plan. The entire
basin shall be located a minimum of 50 feet from the defined edge
of an identified watercourse.
Any use or activity not authorized in §
131-4 hereof shall be prohibited within the Stream Corridor Protection Zone. No woodland disturbance or other land disturbance shall be permitted within 25 feet of the outermost limit of any wetland or streambank, measured horizontally, except as noted in this chapter. By way of example, but without limitation, the following activities and facilities are specifically prohibited:
A. Clear-cutting of trees or other vegetation.
B. Selective cutting of trees and/or the clearing of other vegetation within Zone One, except where such clearing is necessary to prepare for a use permitted under §
131-4 hereof and where the effects of these actions are mitigated by revegetation, as specified under §
131-8 hereof.
C. Selective cutting of trees and/or the clearing of other vegetation within Zone Two, except where such clearing is necessary to prepare for a use permitted under §
131-4 hereof and where the effects of these actions are mitigated by revegetation, as specified under §
131-8 hereof.
D. Removal of trees in excess of selective cutting, except
where such removal is necessary as a means to eliminate dead, diseased
or hazardous tree stands that jeopardize the public safety or as part
of a reforestation project, provided that the removal is in compliance
with a stream corridor management plan approved by the Municipal Engineer,
the Township Council or its designated representative.
E. Removal or disturbance of vegetation in a manner that
is inconsistent with erosion control and/or buffer protection.
F. Storage of any hazardous materials.
G. Use of fertilizers, pesticides, and/or other chemicals
in excess of prescribed industry standards or the recommendation of
the Morris County Soil Conservation District.
H. Roads or driveways, except where permitted as buffer crossings in compliance with §
131-4 hereof.
I. Motor or wheeled vehicle traffic in any area not designated
to accommodate adequately the type or volume.
K. Any type of permanent structure, including fences, except structures needed for uses permitted in §
131-4 hereof.
L. Subsurface sewage disposal systems.
Nonconforming structures and uses of land within the Stream Corridor Protection Zone shall be regulated under the provisions of the Zoning and Land Uses provisions of the Code of the Township of East Hanover (Chapter
95) regarding existing nonconforming use regulations. The following additional regulations shall apply also:
A. Existing nonconforming structures or uses within Zones One and Two that are not permitted under §
131-4 hereof may be continued but shall not have the existing building footprint or uses expanded or enlarged.
B. Discontinued nonconforming uses may be resumed provided that there has been no clear indication of abandonment. No change or resumption shall be permitted that is more detrimental to the Stream Corridor Protection Zone, as measured against the intent and objectives under §
131-1 hereof, than the existing or former nonconforming use.
For the Stream Corridor Protection Zone to function
properly, dominant vegetation in the stream corridor management plan
should be selected from a list of plants most suited to the Zone,
available at the Office of the Director of Land Use for the Township
of East Hanover. The Township Engineer may permit plants not included
on the list when evidence is provided from qualified sources certifying
their suitability. Species suitability may be required to be verified
by qualified experts at the Morris County Soil Conservation District,
Natural Resources Conservation Service, NJ Department of Environmental
Protection, US Fish and Wildlife Service or state or federal forest
agencies.
A. In Zone One, dominant vegetation shall be composed
of a variety of native riparian zone tree, shrub, tall grasses and
other appropriate species necessary for streambank stabilization.
B. In Zone Two, dominant vegetation shall be composed
of riparian zone trees and shrubs, with an emphasis on native species
and appropriate plantings necessary to stabilize the soil.
C. Disturbed areas shall be revegetated with riparian
zone species, in compliance with an approved stream corridor management
plan.
D. Areas that cannot be revegetated shall be restored
in compliance with an approved stream corridor management plan.