[Added 3-13-2003 by Ord. No. 355]
The purposes of this section are to: maintain the quality streams and improve the currently impaired streams of the watershed; protect significant ecological components of stream corridors such as wetlands, floodplains, woodlands, steep slopes and wildlife and plant habitats within the stream corridors of the watershed; prevent flood-related damage to the communities of the watershed; complement the existing state, regional, county and municipal stream corridor protection and management regulations and initiatives.
A. Definitions. As used in this section, the following words and terms shall have the following meanings:
ACTIVITYAny land disturbance, including any development for which an application for development is necessary.
BOARD OF JURISDICTIONPrimarily refers to the Board of Adjustment as it is vested with the power to decide the issue of permitting activities within the stream corridor pursuant to N.J.S.A. 40:55D-7(a) and (b). However, when an application for subdivision and/or a site plan approval (excluding relief requested pursuant to N.J.S.A. 40:55D-70D) is filed with the Planning Board, it shall have ancillary jurisdiction to decide such issues.
[Added 11-10-2005 by Ord. No. 385]
The line which is formed by following the outside boundaries of the area inundated by a one-hundred-year flood. A one-hundred-year flood is estimated to have one-percent chance or one chance in 100 of being equaled or exceeded in any one year. The one-hundred-year flood line shall be determined by reference to the FEMA FIRM Maps, delineations made by NJDEP or other state agency, as well as delineations made in accordance with flood hazard area control rules (N.J.A.C. 7:13).
STREAMA waterway depicted on the USGS Quad Maps or Hydrologic Survey.
STREAM CORRIDORThe stream channel (the bed and banks of a stream which confine and conduct continuously or intermittently flowing water), the area within the one-hundred-year-flood line or 75 feet from the top of bank or mean high-water line if no bank is defined, whichever is greater. If the stream is designated a C1 waterbody, the default width is 150 feet from the top of bank/mean high-water line. If slopes greater than 15% abut the stream corridor, the area of such slopes shall be also included as the stream corridor.
B. Stream corridor protection; applicability. All tracts falling in whole or in part within a stream corridor shall be subject to the standards set forth in Subsection
C.
C. Standards.
(1) Activities permitted in stream corridors. Stream corridors shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), altering of watercourses, regarding or construction except for the following activities:
(a) Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures;
(b) Game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures;
(c) Unpaved hiking, bicycle and bridle trails;
(e) Reconstruction of a structure which predates the adoption of this section in the event of damage or destruction by fire, storms, natural hazards, or other acts of God, provided that the reconstruction does not have a greater footprint or total area than that of the damaged structure and that no change of land use occurs.
(2) Location of activities on tracts partially within stream corridors.
(a) All new lots in major and minor subdivisions shall be designed to provide sufficient areas outside of stream corridors to accommodate primary structures as well as any normal accessory uses appurtenant thereto.
(b) The board of jurisdiction may allow an average stream corridor width of 75 feet, thus allowing reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereon. The stream corridor width may be reduced to a minimum of 50 feet provided there is an equivalent increase in the width elsewhere on site, unless it is a C1 waterbody, in which case the default width is 100 feet and all relevant permits (e.g., stream encroachment, freshwater wetlands, soil conservation district) are obtained.
(3) Activities permitted in stream corridors when there is no reasonable or prudent alternative. The following are permitted in a stream corridor when the Board of Jurisdiction determines the subdivision or site plan cannot be developed in the manner set forth in Subsection
C(2), in the case of a preexisting lot for a one-family or two-family dwelling, when there is insufficient room outside the stream corridor for permitted accessory uses. In either case, there must be no other reasonable or prudent alternative to placement in the stream corridor.
[Amended 11-10-2005 by Ord. No. 385]
(a) Yard improvements, such as lawns, and accessory structures, such as swimming pools, and bulkheads or retaining walls where required to prevent erosion.
(b) Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, sports or boating clubs, not to include enclosed structures, but permitting piers, docks, floats or shelters usually found in developed outdoor recreation areas.
(c) Outfall installation for sewage treatment plants, sewage pumping stations and the expansion of existing sewage treatment facilities.
(d) Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities or pumping facilities.
(e) Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to improve hydraulics or to protect public health.
(f) Dams, culverts, bridges and roads provided that they cross the corridor directly as practical.
(g) Sanitary or storm sewers.
(h) Utility transmission lines installed during periods of stream flow in accordance with soil erosion and sediment control practices and approved by the Soil Conservation District in a manner which will not impede flows or cause ponding of water.
(i) Structures comprising part of a regional flood detention project.
(j) Detention or retention basins and related outfall facilities.
(k) Irrigation ponds and agricultural activities as defined in the NJ Right to Farm Act N.J.S.A. 4:1C-1 et seq.
(4) Activities permitted in stream corridors when prohibiting such activities would cause economic hardship.
[Amended 11-10-2005 by Ord. No. 385]
(a) New structures other than those permitted as exceptions to Subsection
C(1) and
(2), and including retaining walls, parking facilities and roads but not those which are parallel to the stream, are permitted in a stream corridor only upon a clear and convincing demonstration by the applicant to the board of jurisdiction that prohibiting such activity would result in economic hardship or would conflict with a compelling public need.
[1] The board of jurisdiction shall use the following standards in determining whether economic hardship exists:
[a] Prohibiting the activity would result in an economic hardship, as distinguished from a mere inconvenience, because of the particular physical surroundings, shape or topographical conditions of the property involved. The necessity of acquiring additional land to located development outside the steam corridor shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land which is reasonably available; and
[b] An applicant shall be deemed to have established the existence of an economic hardship only if the applicant demonstrates, based on the specific fact, that the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed as unauthorized by provisions of this section and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:
[i] Do not apply to or affect other property in the immediate vicinity;
[ii] Related to or arise out of the characteristics of the subject property rather than the personal situations of the applicant; and
[iii] Are not the result of any action or inaction by the applicant or the owner or his predecessors in title.
[2] An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts that:
[a] The proposed project will serve an essential public health or safety need;
[b] The public health and safety require the proposed activity;
[c] The proposed use is required to serve an existing public health or safety need;
[d] There is not an alternative available to meet the established public health or safety need;
[e] The activity will not be materially detrimental or injurious to other property or improvements in the area in which the subject property is located and will not endanger public safety; and
[f] The exception granted is the minimum relief necessary to relieve the compelling public need.
[3] The stream corridor includes more than 75% of the tract.
(b) If an exception is granted pursuant to Subsection
C(4), the board of jurisdiction may reduce the width of the stream corridor to no less than 50 feet unless it is a C1 waterbody in which case the default width is 100 feet.
(c) If such an exception is granted, the applicant shall rehabilitate an environmentally degraded stream corridor within the same tract at least equivalent in size to the stream corridor reduction, if possible. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris. The area to be rehabilitated and the rehabilitation plan shall be acceptable to the board of jurisdiction.
(5) Prohibited activities. All activities not permitted pursuant to Subsections
C(1),
(3) and
(4) shall be prohibited. In no circumstances shall the following be permitted as exceptions to such subsections:
(a) Any solid waste or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations and wastewater lagoons.
(b) Junkyards, commercial and industrial storage facilities and open storage of vehicles and materials.
D. Provisions governing activities in stream corridors.
(1) The applicant for any activity permitted in a stream corridor shall rehabilitate any degraded areas within the stream corridor, in a manner acceptable to the board of jurisdiction or the Zoning Officer, as the case may be, unless the applicant demonstrates that it is economically infeasible to do so.
(2) The applicant shall also:
(a) Rehabilitate or cure the affects of the disturbance caused during construction;
(b) Maintain the integrity of the surrounding habitat; and
(c) Maintain the existing ability of the stream corridor to buffer the stream.
(3) The applicant shall provide whatever additional measures are necessary to assure that areas designated as stream corridors will be preserved and to prevent additional encroachments in the stream corridor likely to occur as a result of the approval granted.
(4) The board of jurisdiction, in the case for an application for development, may require conservation easements or deed restrictions assuring that there will be no further intrusion on the stream corridor than that permitted by the activity approved.
E. Submission requirements. An applicant for an activity in a steam corridor shall submit to the board of jurisdiction, in addition to all required checklist items, a map of the project site delineating the following (at a scale of one inch equals 50 feet or larger), using the best available information:
[Amended 11-10-2005 by Ord. No. 385]
(1) The stream corridor boundary, being the one-hundred-year-flood line, or seventy-five-foot line, whichever is larger;
(2) State wetland boundary lines;
(3) Any slopes greater than 15% within the site;
(4) The location of all improvements and land disturbance proposed to be located within any of the above boundaries; and
(5) A listing of all other federal, state, county and local permits and approvals required.