[Added 3-26-2008 by Ord. No. 1226]
The purpose of this article is to provide for the reasonable
control of construction in areas containing critical or sensitive
environmental features, where improper construction would result in
a negative or irreversible impact on the environment. Development
control shall be by means of special construction standards intended
to promote the health, safety and general welfare of the public by
minimizing adverse environmental impact.
Lands in which any development will have an adverse impact on
the environment that cannot be mitigated shall be deemed critical
and shall be identified by the following characteristics:
A.
Property in or on state open waters.
B.
Freshwater wetlands.
C.
Surface waters and floodways as delineated on the Flood Boundary
and Floodway Maps of the Borough of Lindenwold prepared by FEMA. Waterways
with less than 50 acres of contributory drainage area to the downstream-most
point of the project site shall not be deemed to have a critical floodway.
D.
Critical steep slopes greater than or equal to 30%. Slopes with a
continuous vertical drop of less than four feet shall not be deemed
critical steep slopes for the purpose of this section.
A.
Notwithstanding any other provision of Chapter 190, Land Use and Development, of this Code, no building or structure shall be erected, constructed or enlarged above or below ground level nor shall any soil or vegetation be disturbed within a critical area, except as permitted in this article.
B.
No building or structure shall be erected, constructed or enlarged
above or below ground level within 50 feet of the top of a critical
steep slope as defined above. The Board may reduce the required distance
based upon a finding by the Municipal Engineer that design adequately
provides preservation of the slope.
C.
A municipal construction permit shall be required prior to soil or
vegetative disturbance on or within 50 feet of the top of a critical
steep slope.
The following may be permitted by the Board in critical areas:
A.
Dams, culverts, bridges or other drainage structures for the control
of floodwaters, provided that all approvals of applicable agencies
are obtained and that the Board finds that the facilities are designed
in such manner so as not to result in unnecessary disturbance and
the destruction of the natural character of the area.
B.
Natural open spaces, woodland preserves, wildlife sanctuaries, and
arboretums.
C.
Utility mains, sewage pumping or metering stations and electrical
transmission lines and appurtenances.
D.
Reforestation in accordance with recognized conservation practices
and applicable agency approvals.
E.
Recreation uses such as parks, picnic groves, golf courses and hunting
clubs.
F.
Recreation uses related to water, such as swimming, boating, canoeing,
and fishing.
G.
Accessory uses customarily incidental to any of the above, but excluding
buildings and on-site sewage disposal or treatment facilities.
In considering construction in critical areas the following
standards will apply:
D.
Unless an EIS is waived by the Board, endangered or threatened plants
and wildlife shall not be harmed.
E.
The cost of providing and maintaining public facilities and services
to those areas where critical steep slopes may be disturbed shall
not be substantially increased as a result of such disturbance.
F.
Critical steep slopes. The following standards shall apply to construction
in critical steep slope areas:
(1)
The removal of trees within a critical steep slope shall be
prohibited except in accordance with a plan approved by the Municipal
Engineer and all applicable agencies. If a variance is requested from
the prohibition of removal of trees within a critical steep slope,
the Board may require replanting of trees or other acceptable landscape
materials in a ratio of one plant for every two removed in order to
mitigate the disturbance.
(2)
The disturbance resulting from the development of any critical
steep slope shall be revegetated to the satisfaction of the Board
and the Board's professionals. The landscaping should provide long-term
stabilization, use vegetation native to Lindenwold and require low
maintenance.
(3)
The development within a critical steep slope shall require
the disturbed areas to be graded and stabilized in accordance with
New Jersey Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., immediately following construction, even if the disturbance
is less than 5,000 square feet.[4]
(4)
The flow of stormwater runoff above or upon the critical steep
slope shall be disbursed, conveyed or otherwise controlled in a manner
which will avert the concentration of surface flows. The applicant
shall demonstrate that there will not be a substantial increase in
the peak rate of runoff from the two-, ten- or one-hundred-year storm
from the proposed development onto any adjacent property, even if
the development does not meet the definition of "major development"
under the Residential Site Improvement Standards. A substantial increase
will be considered any flow greater than one cubic foot per second
(cfs) from a design storm event.[5]
(5)
Driveways shall be prohibited on critical steep slopes unless
it is demonstrated to the satisfaction of the Board that no feasible
alternative exists, in which case the driveway shall be graded to
a maximum of 10%.
Sensitive areas are lands wherein additional caution is needed
for development to take place, in order to protect against substantial
detriment to the environment. Development control shall be by means
of special performance standards intended to promote the health, safety
and general welfare of the public by minimizing adverse environmental
impact. Sensitive areas shall be identified by the following characteristics:
A.
Sensitive steep slopes. Where the gradient is greater than or equal
to 15% but less than 30%. Slopes with a continuous vertical drop of
less than five feet shall not be deemed sensitive steep slopes for
the purpose of this section.
B.
Transition areas. Pursuant to the New Jersey Freshwater Wetlands
Protection Act (N.J.S.A. 13:9B-1 et seq.).
C.
Special flood hazard areas. As designated (Zones A and B) on the
current Flood Insurance Rate Maps of the Borough of Lindenwold.
D.
Flood hazard areas. But excluding the floodway of a stream or waterway
as delineated or approved by the New Jersey Department of Environmental
Protection.
E.
Nondelineated streams and waterways. With less than 50 acres of contributory
drainage area.
F.
Shallow water table. Where the depth to the seasonal high-water table
is less than four feet below the surface of the ground.
A.
Notwithstanding any other provision of Chapter 190, Land Use and Development, of this Code, no building or structure shall be erected, constructed or enlarged above or below ground level nor shall any soil or vegetation be disturbed within a sensitive steep slope area, except as permitted in this article.
B.
No building or structure shall be erected, constructed or enlarged
above or below ground level within 35 feet of the top of a sensitive
steep slope as defined above. The Board may reduce the required distance
based upon a finding by the Municipal Engineer that the design adequately
provides for the safety of the structure as well as the preservation
of the slope.
C.
Structures may be permitted in aquifer outcrop and shallow water
tables, provided that they comply with the requirements listed below.
In considering construction in sensitive areas the following
standards will apply:
C.
Sensitive steep slopes. The following standards shall apply to construction
in sensitive steep slope areas:
(1)
The removal of trees and the disturbance of soil shall be prohibited
except in accordance with a plan approved by the Municipal Engineer
and all applicable agencies.
(2)
Disturbed areas shall be graded and stabilized in accordance
with New Jersey Soil Erosion and Sediment Control Act immediately
following construction, even if the disturbance is less than 5,000
square feet.
(3)
The flow of stormwater runoff above or upon the slope shall
be disbursed, conveyed or otherwise controlled in a manner which will
avert the concentration of surface flows. The applicant shall demonstrate
that there will not be a substantial increase in the peak rate of
runoff from the two-, ten- or one-hundred-year storm from the proposed
development onto any adjacent property, even if the development does
not meet the definition of "major development" under the Residential
Site Improvement Standards. A substantial increase will be considered
any flow greater than one cubic foot per second (cfs) from a design
storm event.[3]
(4)
Driveways shall be prohibited on sensitive steep slopes unless
it is demonstrated to the satisfaction of the Board that no feasible
alternative exists, in which case the driveway shall be graded to
a maximum of 10%.
D.
Transition areas. Construction may be permitted in New Jersey freshwater
transition areas to the extent allowed by, and in accordance with,
the standards of the New Jersey Department of Environmental Protection.
E.
Nondelineated streams. Construction shall not be permitted to alter,
disrupt or otherwise impede the flow of water in a nondelineated waterway
except in accordance with a plan approved by the Municipal Engineer,
applicable municipal board, and any agency having jurisdiction.
F.
Shallow water table.
(1)
Basements and cellars shall be prohibited in land containing
a shallow water table unless it is demonstrated to the satisfaction
of the Municipal Engineer and Board that it will not significantly
affect the water table or result in seepage through or excessive pressure
on the foundation wall.
(2)
Stormwater detention/retention facilities shall be designed
so as not to significantly affect nor be affected by the shallow water
table. All stormwater management facilities and best management practices
shall be designed in accordance with the New Jersey Best Management
Practices design standards.
(3)
Filling to accommodate a septic system above the water table,
in accordance with N.J.A.C. 7:9A-1.1 et seq. (amendments to P.L. 1954,
c. 199), may be permitted only where it is demonstrated that
the grading will not adversely affect runoff from the site or otherwise
negatively impact properties.
(4)
Underdrain systems may be required to intercept and convey water
away from streets, parking areas and structures.
