[Amended 9-11-2000 by Ord. No. 20-00; 3-27-2018 by Ord. No. 05-18]
A. Performance guarantee.
(1) Requirements; form; rights.
(a)
Improvements; cost.
[1]
Prior to the filing of a final plat, recording of minor subdivision
deeds, or as a condition of final site plan approval, or as a condition
to the issuance of a zoning permit, the developer shall have filed
with the Township Clerk a performance guarantee sufficient in amount
to equal the total cost to the Township, as estimated by the Township
Engineer, for installation of those on-site improvements required
by an approval or developer's agreement, ordinance or regulations
to be dedicated to a public entity that have not yet been installed,
including the following as shown on the approved plans or plat:
[k] Community septic systems.
[m] Public improvements of open space.
[n] Any grading necessitated by the preceding improvements.
[o] Privately owned perimeter buffer landscaping; provided,
however that a developer may choose to post a separate performance
guarantee for the privately owned perimeter buffer landscaping.
(b)
Such guarantee shall assure the installation of such improvements
on or before an agreed date, guarantee the completion of all improvements
without damage to or interference with adjacent properties or public
facilities and hold the Township Council and Township Planning Board
or Zoning Board of Adjustment and their employees and agents harmless
with respect to any acts of the developer, its agents, successors
or assigns.
(c)
The total estimated cost to the Township of constructing all
improvements shall be based upon the estimated contract construction
costs, which would prevail upon expiration of the guarantee period,
and shall also include appropriate allowances for contract-related
costs such as engineering, legal, financial and other usual costs,
which shall be estimated to be 20% of the estimated contract construction
costs.
(d)
Such performance guarantee may be in the form of cash, certified
check, negotiable securities, a performance bond issued by a bonding
company or surety company approved by the Township Council or any
other type of surety acceptable to and approved by the Township Attorney
and Township Council, provided that at least 10% of the performance
guarantee shall be in cash or certified check. The balance of said
performance guarantee shall be in the form of cash, certified check,
certificate of deposit, an irrevocable letter of credit (said letter
to be issued by a financial institution whose deposits are insured
by the Federal Savings and Loan Insurance Corporation or Federal Deposit
Insurance Corporation) or a bond issued by a surety or bonding company
authorized to do business in New Jersey; provided, however, that all
rights, including the right to interest with dividends, shall be assigned
to the Township of Jackson in a form of assignment acceptable to the
Township Attorney for the period of the bond and that the principal
amount of the passbook or certificate of deposit, together with interest,
shall be returned to the developer upon completion of the bonded improvements,
or, in the event of default, both interest and principal shall be
used by and for the benefit of the Township in the completion of said
improvements.
(e)
The form of the performance guarantee shall be subject to the
approval of the Township Attorney.
(f)
Subject to N.J.S.A. 40:55D-1 et seq., as amended and supplemented,
all rights in the performance guarantee, including the right to any
interest earned on any deposits, shall belong to the Township of Jackson.
(g)
Notwithstanding the requirement of Subsection
A(1) above, when a letter of credit which has been previously accepted pursuant to Subsection
A(1) as
a performance guarantee is about to expire, it may be renewed administratively by the Township Attorney, provided that all pertinent requirements are met by the applicant.
(h)
In the event of default, the principal and any interest shall
be used for the benefit of the Township in the completion of the improvements.
(2) All guaranties authorized by this chapter shall run to and be in
favor of the Township of Jackson in the County of Ocean.
(3) Such performance guarantee shall run for a period to be fixed by
the Township Council, but in no case for a term of more than two years.
However, with the consent of the owner and the surety, if there is
one, the Township Council may, by resolution, extend the term of such
performance guarantee for an additional period not to exceed one year.
The amount of the performance guarantee may be revised by the Township
Council from time to time to reflect work progress, increasing costs
and changing conditions in regard to the uncompleted or unacceptable
portions of the required improvements. If the required improvements
have not been installed in accordance with the performance guarantee,
the obligor and surety shall be liable thereon, at the option of the
municipality, for:
(a)
The reasonable cost of the improvements not installed, and,
upon receipt of the proceeds thereof, the municipality shall install
such improvements; or
(b)
The completion of all required improvements.
(4) Municipal Engineer list and report.
(a)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section, a list of all uncompleted or unsatisfactorily completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon, the Municipal Engineer shall inspect all improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(b)
The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section.
(5) Approval or rejection of governing body.
(a)
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements as provided above; except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
(b)
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection
A(4) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(c)
In the event that the obligor has made a cash deposit with the
municipality or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee.
(6) If any portion of the required improvements are rejected, the Township
Council may require the obligor to complete such improvements, and,
upon completion, the same procedure of notification as set forth in
this section shall be followed.
(7) Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Township Committee or the Township Engineer.
B. Safety and stabilization guarantee.
(1) Safety and stabilization guarantee required.
(a)
The developer shall furnish a safety and stabilization guarantee
in favor of the Township of Jackson to ensure that the Township has
an adequate guarantee to return the property that has been disturbed
to a safe and stable condition or otherwise implement measures to
protect the public from access to an unsafe or unstable condition.
(b)
The Township shall be permitted to access the guarantee when:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the municipality to the developer of the municipality's
intent to claim payment under the guarantee.
(c)
At the developer's option, the safety and stabilization guarantee
may be included as a line item in the performance guarantee rather
than in the form of a separate guarantee.
(d)
The amount of the safety and stabilization guarantee shall be
calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:
[1]
$5,000 for the first $100,000 of bonded improvement costs; plus
[2]
Two and a half percent of bonded improvement costs in excess
of $100,000 up to $1,000,000; plus
[3]
One percent of bonded improvement costs in excess of $1,000,000.
(e)
The safety and stabilization guarantee shall be released upon
the determination of the Township Engineer that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
C. Temporary certificate of occupancy guarantee.
(1) In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the Township of Jackson in an
amount equal to 120% of the cost of installation of only those improvements
or items which remain to be completed or installed under the terms
of the temporary certificate of occupancy and which are required to
be installed or completed as a condition precedent to the issuance
of the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee.
(2) Upon posting of a temporary certificate of occupancy guarantee, all
sums remaining under a performance guarantee which relate to the development,
unit, lot, building, or phase of development for which the temporary
certificate of occupancy is sought shall be released.
(3) The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Township Engineer.
(4) The temporary certificate of occupancy guarantee shall be released
by the Township Engineer upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates.
[Added 3-25-2002 by Ord. No. 15-02]
The installation of any subdivision improvements or the commencement
of any clearing and grading subsequent to preliminary approval shall
not be undertaken unless the following has been done:
A. If at any time of preliminary approval but prior to the commencement
of final approval the developer elects to proceed with the installation
of improvements required under this chapter, the developer shall furnish
the Township with the final construction drawings and details, which
shall be certified by the Township Engineer to be in accordance with
the terms and conditions of the subdivision approval.
B. The required construction, inspection, engineering, and administration
fees shall have been paid, and adequate performance guarantees as
determined by the Township Engineer have been posted to provide for
the cost to the Township of performing work that may be necessary
to protect adjacent property owners and the public interest in the
event that such clearing, grading, installation of all required improvements
in accordance with the terms and conditions of the subdivision approval,
and/or further development of the site, is not undertaken, completed
and/or installed by the developer. Such performance guarantees shall
include, but are not limited to, the cost of the Township providing
stabilization of the site, drainage facility necessary to protect
off-tract areas from flooding, screening or fencing that may be required
and all improvements to be undertaken which are within existing public
right-of-way or easements as depicted on the approved subdivision
plans and in accordance with the terms and conditions of the subdivision
approval.
C. Prior to any disturbances of the site or commencement of any construction,
the developer shall enter into an agreement with the Township Committee.
This agreement shall be of a form that is acceptable to the Municipal
Attorney and one in which the developer agrees to abide by the terms
and conditions of approval, construct the required improvements in
accordance with the approved plans, agree to maintain the site and
the constructed improvements. The developer also shall agree that
in the event that the site and improvements are not maintained, the
Township can utilize the cash portions of the performance guarantee
to immediately attend to items presenting a safety hazard and, in
the event of a default by the developer, provide that the Township
shall have recourse against the performance guarantee which has been
posted by the developer.
D. No development permit shall be issued nor any work commenced on site
until compliance with this section and notice of intention to commence
construction of such improvements shall be furnished to the Township
Engineer.
E. At least two weeks prior to the start of any construction, the developer
shall notify the Township Engineer of his intention to start work
so that a preconstruction meeting can be arranged between the developer
and the Engineer. No work shall be commenced until their preconstruction
meeting has been conducted.
F. The Township Engineer must be notified at least 48 hours in advance
of any on-site development.
[Amended 8-24-2010 by Ord. No. 17-10; 3-27-2018 by Ord. No. 05-18]
A. A maintenance guarantee shall be furnished by the developer prior
to the release of the performance guarantee in an amount equal to
15% of the installation of the improvements covered under the performance
guarantee along with the following private site improvements: stormwater
management basins, inflow and water quality structures within the
basins, and the outflow pipes and structures of the stormwater management
system, if any.
B. The developer may elect to furnish such maintenance guarantee either by maintaining on deposit with the Township the ten-percent cash or certified check portion of the performance guarantee provided in accordance with §
244-32 of this chapter or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Township Attorney and Township Council.
C. The maintenance guarantee shall begin with the release of the performance
guarantee and shall run for a period of two years. The guarantee shall
automatically expire at the end of the established term.
D. The maintenance guarantee shall be to the effect that the applicant,
developer, owner or user guarantees the complete maintenance of all
improvements for a period of two years from the release of his performance
guaranty. Should he fail in his obligation to properly maintain all
improvements, the Township may, on 10 days' written notice, or immediately
in the case of hazard to life, health or property, proceed with necessary
repair or replacement of any unacceptable improvements and charge
the cost thereof against the guaranty. At the end of the maintenance
guaranty, the cash or certified check on deposit will be returned
to the developer less any sums, properly documented by the Township,
which have been expended to repair or replace any unsatisfactory improvements.
[Added 2-9-1998 by Ord. No. 5-98; amended 8-14-2000 by Ord. No.
18-00]
An applicant shall be required to dedicate proposed stormwater management systems to the Township and shall enter into an agreement with the Township to that end. Such agreement shall be a condition of final approval and shall be fully executed prior to release of performance guaranties, and acceptance of the stormwater management agreement shall require payment of the fee set forth in §
244-12K in consideration of the Township assuming all future maintenance of the stormwater management facilities. The form of agreement shall be approved by the Township Attorney. The agreement, upon execution, shall be recorded by the applicant in the office of the County Clerk. The applicant shall thereafter file a copy of the recorded agreement with the Township. Upon certification by the Township Engineer that the performance guaranty for the project may be released, acceptance of the stormwater management facilities by the Township shall be specifically stated in the resolution authorizing the guaranty release. The Township shall retain from the cash portion of the guaranty a sum equal to the maintenance fee approved as to amount by the Township Engineer in accordance with the formula in Article
III of this chapter. In the event that the cash portion of the guaranty is less than the required maintenance fee, the developer shall post the deficit in cash. Any interim performance guaranty reductions authorized by the Township shall not be construed to mean that all or any part of the stormwater management system has been accepted by the Township nor shall any such interim reduction reduce the cash portion of the guaranty to an amount less than the required maintenance fee. It shall be the applicant's responsibility to maintain the stormwater management system during construction.
[Added 9-9-2002 by Ord. No. 35-02]
Except as otherwise provided by federal or state law or any
regulations promulgated pursuant thereto, the following buffering
standards shall apply on any stream corridor:
A. Background.
(1) Whereas, buffers adjacent to stream systems provide numerous environmental
protection and resource management benefits which can include the
following:
(a)
Storing and maintaining the chemical, physical and biological
integrity of the water resources.
(b)
Removing pollutants delivered in urban stormwater.
(c)
Reducing erosion and controlling sedimentation.
(d)
Stabilizing stream banks.
(e)
Providing infiltration of stormwater runoff.
(f)
Maintaining base flow of streams.
(g)
Contributing the organic matter that is a source of food and
energy for the aquatic ecosystem.
(h)
Providing tree canopy to shade streams and promote desirable
aquatic organisms.
(i)
Providing riparian wildlife habitat.
(j)
Furnishing scenic value and recreational opportunity.
(2) It is the desire of Jackson Township to protect and maintain the
native vegetation in riparian and wetland areas by implementing specifications
for the establishment, protection and maintenance of vegetation along
all stream systems within our jurisdictional authority.
B. Conflict with other regulations. Where the standards and management
requirements of this buffer section are in conflict with other laws,
regulations, and policies regarding streams, erodible soils, wetlands,
floodplains, timber harvesting, land disturbance activities or other
environmental protective measures, the more restrictive shall apply.
However, this or section is not intended to, and shall not, supersede
federal and state standards and regulations pertaining to the same
subject matter that are in effect or adopted subsequent to the effective
date of this section, including any and all regulations regarding
the Pinelands zones or regarding freshwater wetlands. To the extent
the provisions of this section and applicable federal and state regulations
are in conflict, the federal and state regulations shall control.
C. Intent. The purpose of this section is to establish minimal acceptable
requirements for the design of buffers to protect the streams, wetlands
and floodplains of Jackson Township; to protect the water quality
of watercourses, reservoirs, lakes, and other significant water resources
within Jackson Township; to protect Jackson Township's riparian and
aquatic ecosystems; and to provide for the environmentally sound use
of Jackson Township's land resources.
D. Definitions. As used in this section, the following terms shall have
the meanings indicated:
ACTIVE CHANNEL
The area of the stream channel that is subject to flows of
at least two weeks' duration annually, and that includes the portion
of the channel below where the floodplain flattens.
BEST MANAGEMENT PRACTICES (BMPs)
Conservation practices or management measures which control
soil loss and reduce water quality degradation caused by nutrients,
animal wastes, toxins, sediment and runoff.
BUFFER
A vegetated area, including trees, shrubs and herbaceous
vegetation, which exists or is established to protect a stream system,
lake, reservoir or coastal estuarine area. Alteration of this natural
area is strictly limited.
DEVELOPMENT
(1)
The improvement of property for any purpose involving building;
(2)
Subdivision or the division of a tract or parcel of land into
two or more parcels;
(3)
The combination of any two or more lots, tracts, or parcels
of property for any purpose;
(4)
The preparation of land for any of the above purposes.
NONPOINT SOURCE POLLUTION
Pollution which is generated by various land use activities
rather than from an identifiable or discrete source, and is conveyed
to waterways through natural processes, such as rainfall, storm runoff
or groundwater seepage rather than direct discharge.
NONTIDAL WETLAND
Those areas not influenced by tidal fluctuations that are
inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions.
ONE-HUNDRED-YEAR FLOODPLAIN
The area of land adjacent to a stream that is subject to
inundation during a storm event that has a recurrence interval of
100 years.
POLLUTION
Any contamination or alteration of the physical, chemical
or biological properties of any waters that will render the waters
harmful or detrimental to public health, safety or welfare; domestic,
commercial, industrial, agricultural, recreational or other legitimate
beneficial uses; livestock, wild animals or birds; fish or other aquatic
life.
STREAM CHANNEL
Part of a watercourse either naturally or artificially created
which contains an intermittent or perennial base flow of groundwater
origin. Base flows of groundwater origin can be distinguished by any
of the following physical indicators:
(1)
Hydrophytic vegetation, hydric soil or other hydrologic indicators
in the area(s) where groundwater enters the stream channel in the
vicinity of the stream headwaters, channel bed or channel banks.
(2)
Flowing water not directly related to a storm event.
(3)
Historical records of a local high groundwater table such as
well and stream gauge records.
STREAM ORDER
A classification system for streams based on stream hierarchy.
The smaller the stream, the lower its numerical classification. For
example, a first order stream does not have tributaries and normally
originates from springs and/or seeps. At the confluence of two first
order streams, a second order stream begins, and so on.
STREAMS
Perennial and intermittent watercourses identified through
site inspection and USGS maps. Perennial streams are those which are
depicted on a USGS map with a solid blue line. Intermittent streams
are those which are depicted or a USGS map with a dotted blue line.
STREAM SYSTEM
A stream channel, together with one or both of the following:
(1)
One-hundred-year floodplain; and/or
(2)
Hydrologically related nontidal wetlands.
WATER POLLUTION HAZARD
A land use or activity that causes a relatively high risk
of potential water pollution.
E. Applications.
(1) This section shall apply to all proposed development except for that development which meets waiver criteria as outlined in Subsection
I of this section.
(2) This section shall apply to all timber harvesting activities, except
those timber harvesting operations which are implementing a forest
management plan which has been deemed to be in compliance with the
regulations of the buffer ordinance and has received approval from
the Pinelands Commission.
(3) This section shall apply to all surface mining operations, except
that the design standards shall not apply to active surface mining
operations which are operating in compliance with an approved surface
mining permit of the Pinelands Commission.
F. Plan requirements.
(1) In accordance with Subsection
E of this section, a plan approved by the appropriate agency is required for all development, forest harvesting operations, surface mining operations and agricultural operations.
(2) The plan shall set forth an informative, conceptual and schematic
representation of the proposed activity by means of maps, graphs,
charts or other written or drawn documents so as to enable the agency
an opportunity to make a reasonably informed decision regarding the
proposed activity.
(3) The plan shall contain the following information:
(a)
A location or vicinity map.
(b)
Surveyed streams, springs, seeps, bodies of water and wetlands
(include a minimum of 200 feet into adjacent properties).
(c)
Field delineated and surveyed forest buffers.
(d)
Limits of the ultimate one-hundred-year floodplain.
(e)
Soil survey map delineating slight, moderate and severe limitations.
(f)
A narrative of the species and distribution of existing vegetation
within the buffer.
(4) The buffer plan shall be submitted in conjunction with the required
grading plan for any development, and the forest buffer should be
clearly delineated on the final grading plan.
(5) Permanent boundary markers shall be installed prior to final approval
of the required clearing and grading plan.
G. Design standards for forest buffers.
(1) Forest buffer for a stream system shall consist of a forested strip
of land extending along both sides of a stream and its adjacent wetlands,
floodplains or slopes. The forest buffer width shall be adjusted to
include contiguous sensitive areas, such as erodible soils, where
development or disturbance may adversely affect water quality, streams,
wetlands or other water bodies.
(2) The forest buffer shall begin at the edge of the stream bank of the
active channel.
(3) The required width for all forest buffers (i.e., the base width)
shall be a minimum of 75 feet, with the requirement to expand the
buffer depending on stream order, percent slope; one-hundred-year
floodplain; and wetlands or critical areas.
(a)
In third order and higher streams, add 25 feet to the base width.
(b)
Forest buffer width shall be modified if there are steep slopes
which are within a close proximity to the stream and drain into the
stream system. In those cases, the forest buffer width can be adjusted.
|
Method A
|
---|
|
Percent Slope
|
Width of Buffer
|
---|
|
15% to 17%
|
Add 10 feet
|
|
18% to 20%
|
Add 30 feet
|
|
21% to 23%
|
Add 50 feet
|
|
24% to 25%
|
Add 60 feet
|
|
Method B
Type of Stream Use
|
---|
|
Percent Slope
|
Water Contact Recreational Use
|
Sensitive Stream Habitat
|
---|
|
1% to 14%
|
No change
|
Add 50 feet
|
|
15% to 25%
|
Add 25 feet
|
Add 75 feet
|
|
Greater than 25%
|
Add 50 feet
|
Add 100 feet
|
(c)
Forest buffers shall be extended to encompass the entire one-hundred-year
floodplain and a zone with minimum width of 25 feet beyond the edge
of the floodplain.
(4) Potential water pollution hazards.
(a)
The following land uses and/or activities are designated as
potential water pollution hazards and must be set back from any stream
or water body by the distance indicated below:
[1]
Storage of hazardous substances: 150 feet.
[2]
Above or below ground petroleum storage facilities: 150 feet.
[3]
Drainfields from on-site sewage disposal and treatment system
(i.e., septic systems: 100 feet.
[4]
Raised septic systems: 250 feet.
[5]
Solid waste landfills or junkyards: 300 feet.
[6]
Confined animal feedlot operations: 250 feet.
[7]
Subsurface discharges from a wastewater treatment plant: 100
feet.
[8]
Land application of biosolids: 100 feet.
(b)
For development within 4,000 feet of any water supply intake,
the setbacks should be doubled.
(5) The forest buffer shall be composed of three district zones, with
each zone having its own set of allowable uses and vegetative targets
as specified in this section.
(a)
Zone 1 Streamside Zone.
[1]
The function of the Streamside Zone is to protect the physical
and ecological integrity of the stream ecosystem.
[2]
The Streamside Zone will begin at the edge of the stream bank
of the active channel and extend a minimum of 25 feet from the top
of the bank.
[3]
Allowable uses within this zone are restricted to:
[a] Flood control structures.
[d] Road crossings, where permitted.
[4]
The vegetative target for the Streamside Zone is undisturbed
native vegetation.
(b)
Zone 2 Middle Zone.
[1]
The function of the Middle Zone is to protect key components
of the stream and to provide distance between upland development and
the Streamside Zone.
[2]
The Middle Zone will begin at the outer edge of the Streamside Zone and extend a minimum of 50 feet, plus any additional buffer width as specified in Subsection
G(5)(c).
[3]
Allowable uses within the Middle Zone are restricted to:
[b] Stormwater management facilities.
[c] Recreational uses as approved by the reviewing
board.
[d] Limited tree clearing with approval from reviewing
board.
[4]
The vegetative target for the Middle Zone is mature native vegetation
adapted to the region.
(c)
Zone 3 Outer Zone.
[1]
The function of the Outer Zone is to prevent encroachment into
the forest buffer and to filter runoff from residential and commercial
development.
[2]
The Outer Zone will begin at the outward edge of the Middle
Zone and provide a minimum width of 25 feet between Zone 2 and the
nearest permanent structure.
[3]
There shall be no septic systems, permanent structures or impervious
cover, with the exception of paths, within the Outer Zone.
[4]
The vegetative target for the Outer Zone may vary, although
the planting of native vegetation should be encouraged to increase
the total width of the buffer.
H. Buffer management and maintenance.
(1) The forest buffer, including wetlands and floodplains, shall be managed
to enhance and maximize the unique value of these resources. Management
includes specific limitations on alteration of the natural conditions
of these resources. The following practices and activities are restricted
within Zones 1 and 2 of the forest buffer, except with approval by
the reviewing board.
(a)
Clearing of existing vegetation.
(b)
Soil disturbance by grading, stripping or other practices.
(d)
Drainage by ditching, underdrains or other systems.
(e)
Use, storage or application of pesticides, except for the spot
spraying of noxious weeds or nonnative species.
(f)
Housing, grazing or other maintenance of livestock.
(g)
Storage or operation of motorized vehicles, except for maintenance
and emergency use.
(2) The following structures, practices and activities ate permitted
in the forest buffer, with specific design or maintenance features
subject to the review of the approving board and the NJDEP.
(a)
Roads, bridges, paths and utilities:
[1]
An analysis needs to be conducted to ensure that no economically
feasible alternative is available.
[2]
The right-of-way should be the minimum width needed to allow
for maintenance access and installation.
[3]
The angle of the crossing shall be perpendicular to the stream
or buffer in order to minimize clearing requirements.
[4]
The minimum number of road crossings should be used within each
development.
[5]
Permitted utilities shall include wastewater pumping stations.
(b)
Stormwater management:
[1]
An analysis needs to be conducted to ensure that no economically
feasible alternative is available and that the project is either necessary
for flood control or significantly improves the water quality or habitat
in the stream.
[2]
In new developments, on-site and nonstructural alternatives
will be preferred over larger facilities within the stream buffer.
[3]
When constructing stormwater management facilities (i.e., BMPs),
the area cleared will be limited to the area required for construction
and adequate maintenance access as outlined in the most recent edition.
[4]
Alternative stormwater management facilities shall be considered
to encourage the design of facilities that are sufficient to capture
a two-year storm event.
(c)
Stream restoration projects, facilities and activities as approved
are permitted within the forest buffer.
(d)
Water quality monitoring and stream gauging are permitted within
the forest buffer, as approved.
(e)
Individual trees within the forest buffer may be removed which
are in danger of falling, causing damage to dwellings or other structures
or causing blockage of the stream.
(3) All plats prepared for recording and all right-of-way plats shall
clearly:
(a)
Show the extent of any forest buffer on the subject property
by metes and bounds.
(c)
Provide a note to reference any forest buffet stating: "There
shall be no clearing, grading, construction or disturbance of vegetation
except as permitted by the agency."
(d)
Provide a note to reference any protective covenants governing
all forest buffers areas stating: "Any forest buffer shown hereon
is subject to protective covenants which may be found in the land
records and which restrict disturbance and use of these areas.
(4) All forest buffer areas shall be maintained through a declaration
of protective covenant, which is required to be submitted for approval
by the board. The covenant shall be recorded in the land records and
shall run with the land and continue in perpetuity.
(5) All lease agreements must contain a notation regarding the presence
and location of protective covenants for forest buffer areas and which
shall contain information on the management and maintenance requirements
for the forest buffer for the new property owner.
(6) An offer of dedication of a forest buffer area to the agency shall
not be interpreted to mean that this automatically conveys to the
general public the right of access to this area.
(7) The Township shall inspect the buffer annually and immediately following
severe storms for evidence of sediment deposition, erosion or concentrated
flow channels and corrective actions taken to ensure the integrity
and functions of the forest buffer.
(8) Forest buffer areas may be allowed to grow into their vegetative
target state naturally, but methods to enhance the successional process
such as active reforestation may be used when deemed necessary to
ensure the preservation and propagation of the buffer area. Forest
buffer areas may also be enhanced through reforestation or other growth
techniques as a form of mitigation for achieving buffer preservation
requirements.
I. Waivers.
(1) This section shall apply to all proposed development except for that
development which prior to the effective date of this section:
(a)
Is covered by a valid, unexpired plat in accordance with development
regulations.
(b)
Is covered by a current executed public works agreement.
(c)
Is covered by a valid unexpired building permit.
(d)
Has been accepted to apply for a building permit.
(e)
Has been granted a waiver in accordance with current development
regulations.
(2) Waivers may be granted by the reviewing board under the following
conditions:
(a)
Those projects or activities where it can be demonstrated that
strict compliance with the section would result in practical difficulty.
(b)
Those projects or activities serving a public need where no
feasible alternative is available.
(c)
The repair and maintenance of public improvements where avoidance
and minimization of adverse impacts to nontidal wetlands and associated
aquatic ecosystems have been addressed.
(d)
For those developments which have had buffers applied in conformance
with previously issued requirements.
(e)
The buffer width may be relaxed and the buffer permitted to
become narrower at some points as long as the average width of the
buffer meets the minimum requirement. This averaging of the buffer
may be used to allow for the presence of an existing structure or
to recover a lost lot, as long as the Streamside Zone (Zone 1) is
not disturbed by the narrowing and no new structures are built within
the one-hundred-year floodplain.
(3) The applicant shall submit a written request for a waiver. The application
shall include specific reasons justifying the waiver and any other
information necessary to evaluate the proposed request. The agency
may require an alternatives analysis that clearly demonstrates that
no other feasible alternatives exist and that minimal impact will
occur as a result of the project or development.
(a)
In granting a request for a variance, the board may require
site design, landscape planting, fencing, the placement of signs and
the establishment of water quality best management practices in order
to reduce adverse impacts on water quality, streams, wetlands and
floodplains.