The provisions of this chapter shall be applicable to development
activities in the Carbonate Area District requiring preliminary major
subdivision approval or preliminary site plan approval from the Fredon
Township Land Use Board.
The Carbonate Area District is hereby created and shall be any
area identified as such upon the Fredon Township "Carbonate Area District"
map. The district shall be constituted as secondary, or as
an "overlay," to the zoning districts heretofore established by the
Zoning Map and may encompass all or portions of more than one existing
zoning district. Regulation of the CAD shall be in addition to those
requirements governing the existing zoning district. The Carbonate
Area District shall contain two areas which shall be known as the
Carbonate Rock District and the Carbonate Drainage Area.
A. Carbonate Rock District (CRD). The Carbonate Rock District is composed
of those areas of the municipality underlain by limestone or carbonate
rocks. The geologic mapping utilized to prepare the CRD overlay boundary
is derived from New Jersey Geologic Survey and United States Geological
Survey maps. These maps are interpretations developed from available
field observations and subsurface data. Additional unmapped areas
of limestone rocks may exist in Fredon Township. The provisions of
this chapter may therefore be applied to any development which, in
the opinion of Fredon Township, is located in an area underlain by
limestone. The CRD map shall be updated as information is developed
through the application of this chapter.
B. Carbonate Drainage Area (CDA). The Carbonate Drainage Area shall
consist of all lands which drain surface water into the Carbonate
Rock District. Changes in the quantity, quality and rate of discharge
of surface water runoff from lands upslope of the Carbonate Rock District
can adversely affect the CRD. Therefore, development activities in
the CDA which may alter the surface drainage patterns or affect the
water quality or increase runoff into the CRD shall be subject to
the requirements of this chapter.
For all properties located in the CAD, a comprehensive geologic
investigation program shall be conducted by the applicant. The purpose
of this program is to provide the Land Use Board with sufficient data
to define the nature of all existing geologic conditions that may
affect construction and land use activities on the site. Specifically,
the investigations shall yield information which shall demonstrate
that the proposed development will identify any existing geologic
conditions for which appropriate site design and/or engineering solutions
may be necessary to minimize any adverse environmental impacts caused
by the project. The geotechnical investigation program consists of
the following:
A. The applicant shall complete the Phase I requirements. Upon completion,
the applicant shall have the option to submit the information to the
Land Use Board to obtain an informal review and guidance prior to
proceeding with Phase II.
B. The applicant shall complete the Phase II requirements. Upon completion,
the applicant shall have the option to submit the information to the
Land Use Board to obtain an informal review and guidance prior to
proceeding with the on-site geotechnical investigation.
C. Applicant undertakes on-site geotechnical investigation program in accordance with §
45-53 with observation by municipal GTC.
D. Submission of a geotechnical investigation report by the applicant.
E. Municipal GTC review of the geotechnical investigation report and
final recommendation to the Land Use Board.
The GTC's review of the geotechnical investigation report
for proposed development in the CRD shall consider the data, formal
reports, maps, drawings and related submission materials and shall
advise the Land Use Board whether or not the applicant has provided
the municipality with:
A. Sufficient design, construction and operational information to insure
that the proposed development of the tract will not adversely impact
on the health, safety and welfare of the community.
B. Proof that the proposed method of development of the tract will minimize
any adverse effects on the quality of surface or subsurface water,
and will not alter the character of surface and/or subsurface water
flow in a manner detrimental to known on-site or off-site conditions.
C. Specific details insuring that design concepts and construction and
operational procedures intended to protect surface and subsurface
waters will be properly implemented.
D. Specific details on inspection procedures to be followed during construction
and after project completion.
E. The following note shall be provided on the final subdivision plat
or final site plan for any project located within the CRD: "This site
is underlain by limestone formations which are susceptible to sinkholes
and subsidence. The occurrence of sinkholes and/or subsidence is not
predictable and therefore the municipality, its employees, the municipal
engineer, and the municipal geotechnical consultant assume no liability
for any damages which may occur on private property as a result of
the formation of sinkholes or subsidence."
In certain situations, a specific geologic hazard may not be
identified while the geologic investigation program is underway and
may be discovered during or after construction. In such cases, the
applicant shall:
A. Report the occurrence of the hazard to the municipal Clerk within
24 hours of discovery.
B. Halt construction activities which would impact the geologic hazard.
C. Prepare a report on the geologic hazard which analyzes the impact
of the hazard and details a remediation plan for review and approval
by the municipal geotechnical consultant.
D. After obtaining approval from the municipality, perform necessary
remediation of the hazard to prevent or minimize damage to buildings,
structures, utilities, driveways, parking areas, roadways, and other
site improvements, and to minimize pollution of the groundwater.
E. Repair any damage to improvements and restore ground cover and landscaping.
F. In those cases where the hazard cannot be repaired without adversely
affecting the site plan or subdivision, the applicant shall file an
amended application for site plan or subdivision approval in compliance
with the provisions of this chapter.
Subsequent to the submission of the Phase I information required in §
45-52, the Land Use Board, upon recommendation by the municipal geotechnical consultant, may grant a waiver from all or any part of the geotechnical investigation and report requirements in §
45-53.