[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 10-12-2005 by Ord. No. 1174. Amendments noted where
applicable.]
A.
In recognition of the fact that natural features contribute to the
welfare of residents, the following regulations have been enacted
to provide reasonable controls governing the restoration, conservation,
disturbance and management of existing stream buffers for all perennial
and intermittent streams and all lakes and ponds in the municipality
by establishing designated Stream Buffer Conservation Zones.
B.
INTERMITTENT STREAM
PERENNIAL STREAM
STREAM
For the purposes of this chapter, the following definitions shall
apply:
A stream with a drainage area of 50 acres or greater.
A stream that flows continuously throughout the year in most
years.
A natural watercourse containing flowing water for at least
part of the year.
C.
In addition, the specific purposes and intent of this article are
to:
(1)
Reduce the amount of nutrients, sediment, organic matter, pesticides
and other harmful substances that reach watercourses, wetlands, subsurface
and surface water bodies by using scientifically proven processes,
including filtration, deposition, absorption, adsorption, plant uptake,
biodegradation, denitrification, and by improving infiltration, encouraging
sheet flow, and stabilizing concentrated flows.
(2)
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.
(3)
Regulate the land use, siting and engineering of all development
to be consistent with the intent and objectives of this chapter, accepted
conservation practices, and to work within the carrying capacity of
existing natural resources.
(4)
Assist in the implementation of pertinent state laws concerning erosion
and sediment control practices.
(5)
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.
(6)
Work with floodplain, steep slope, and other ordinances that regulate
environmentally sensitive areas to minimize hazards to life, property
and stream features.
(7)
Conserve natural, scenic and recreation areas within and adjacent
to stream areas for the community's benefit.
A.
Definition. The Stream Buffer Conservation Zone is defined as areas
surrounding municipally designated surface water bodies, including
creeks, lakes and intermittent watercourses, that intercept surface
water runoff, wastewater, subsurface flow, and/or deep groundwater
flows from upland sources and function to remove or buffer the effects
of associated nutrients, sediment, organic matter, pesticides or other
pollutants prior to entry into surface waters. This area may also
provide wildlife habitat, control water temperature, attenuate flood
flow, and provide opportunities for passive recreation. This buffer
area may or may not contain trees and other native vegetation at the
time of ordinance enactment.
B.
Establishment.
(1)
The establishment of the Stream Buffer Conservation Zone applies
to the following areas, which are identified on the Municipal Stream
Buffer Map:
(2)
The measurement of the Stream Buffer Conservation Zone shall extend
a minimum of 75 feet from each defined edge of an identified watercourse
or surface water body at bankfull flow or level or shall equal the
extent of the one-hundred-year floodplain, whichever is greater. The
zone will consist of two distinct zones designated as:[1]
(a)
Zone One.
[1]
This zone will begin at each edge of an identified waterway (which
can include wetlands and intermittent watercourses) and occupy a margin
of land with a minimum width of 25 feet measured horizontally on a
line perpendicular to the edge of water at bankfull flow.
[2]
Where steep slopes (in excess of 25%) are located within 25 feet
of a municipally designated watercourse, Zone One shall extend the
entire distance of this sloped area. If the distance of this sloped
area is greater than 75 feet, there will be no requirement for the
establishment of Zone Two. If the distance is less than 75 feet, the
width of Zone Two will be adjusted so that the total buffer width
(Zone One and Zone Two) will be 75 feet maximum.
(b)
Zone Two.
[1]
This zone will begin at the outer edge of Zone One and occupy
a minimum width of 50 feet in addition to Zone One.
[2]
Where the one-hundred-year floodplain extends greater than 75
feet from the waterway, Zone One shall remain a minimum of 25 feet
wide, and Zone Two shall extend from the outer edge of Zone One to
the outer edge of the one-hundred-year floodplain.
(3)
Width determination. The developer, applicant or designated representative
shall be responsible for the initial width determination of the stream
buffer and identifying this area on any plan that is submitted to
the municipality for subdivision, land development, or other improvements
that require plan submissions or permits. This initial determination
shall be subject to review and approval by the Municipal Engineer,
governing body, or its appointed representative.
The following uses are permitted, either by right or after review and approval by the municipality, in the Stream Buffer Conservation Zone. 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 outlined in § 291-8.
A.
Zone One.
(1)
Uses permitted by right. Open space uses that 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 parklands, and reforestation
in compliance with the guidelines of the stream buffer management
plan.
(b)
Stream bank stabilization in compliance with the guidelines
of the stream buffer management plan.
(2)
Uses requiring municipal review and approval. Buffer crossings by
farm vehicles and livestock, recreational trails, roads, railroads,
centralized sewer and/or water lines, and public utility transmission
lines, provided that any disturbance is offset by buffer improvements
identified in the stream buffer management plan.
B.
Zone Two.
(1)
Uses permitted by right. The following uses, which are primarily
passive in character, 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, passive areas of public and private parklands, and
recreational trails.
(b)
Reforestation in compliance with the guidelines of the stream
buffer management plan.
(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.
(d)
Agricultural uses existing at the time of adoption of this chapter.
(2)
Uses requiring municipal review and approval.
(a)
New agricultural uses.
(b)
Buffer crossings by farm vehicles and livestock, roads, railroads,
centralized sewer and/or water lines, and public utility transmission
lines, provided that any disturbance is, at a minimum, offset by buffer
improvements identified in the stream buffer management plan.
(c)
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
buffer management plan. These lines shall be located as far from Zone
One as practical.
(d)
Selective cutting of trees when removal is consistent with approved
standards in the stream buffer management plan.
(e)
Areas such as camps, campgrounds, picnic areas and golf courses.
(f)
Active recreation areas such as ball fields, playgrounds and
courts, provided these uses are designed in a manner that will not
permit concentrated flow.
(g)
Naturalized stormwater basins in compliance with the guidelines
in the stream buffer management plan. The entire basin shall be located
a minimum of 50 feet from the defined edge of identified watercourses.
Any use or activity not authorized within § 291-3 shall be prohibited within the Stream Buffer Conservation Zone. By way of example, the following activities and facilities are specifically prohibited:
A.
Clear-cutting of trees and other vegetation.
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 public safety or as part of a reforestation
project, provided that the removal is in compliance with a stream
buffer management plan approved by the Municipal Engineer, governing
body, or its appointed representative.
E.
Removal or disturbance of vegetation in a manner that is inconsistent
with erosion control and buffer protection.
F.
Storage of any hazardous or noxious materials.
G.
Use of fertilizers, pesticides, herbicides and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Camden County Conservation District.
I.
Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
J.
Parking lots.
K.
Any type of permanent structure, including fences, except structures needed for a use permitted in § 291-3.
L.
Subsurface sewage disposal areas.
M.
Sod farming.
Nonconforming structures and uses of land within the Stream Buffer Conservation Zone shall be regulated under the provisions of Chapter 365, Zoning (existing nonconformance regulations). The following additional regulations also shall apply:
A.
Existing nonconforming structures or uses within Zone One or Two that are not permitted under § 291-3 may be continued but shall not have the existing building footprint or uses expanded or enlarged.
B.
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the Stream Buffer Conservation Zone, as measured against the intent and objectives under § 291-1, than the existing or former nonconforming use.
C.
This one-year time frame shall not apply to agricultural uses which
are following prescribed best management practices for crop rotation.
A.
When a landowner or applicant disputes the zone (One or Two) boundaries
of the stream buffer or the defined edge of a watercourse or surface
water body, the landowner or applicant shall submit evidence to the
municipality that describes the boundary, presents the landowner's
or applicant's proposed boundary, and presents all justification
for the proposed boundary change.
B.
The Municipal Engineer, governing body or appointed representative
shall evaluate all material submitted and shall make a written determination
within 45 days, a copy of which shall be submitted to the Joint Land
Use Board and landowner or applicant.
B.
The zone may also be inspected periodically by the municipal representative
for compliance with an approved restoration plan, excessive or potentially
problematic erosion, or at any time when the presence of an unauthorized
activity or structure is brought to the attention of municipal officials.[1]
Within any municipally identified buffer area, no construction,
development, use, activity or encroachment shall be permitted unless
the effects of such development are accompanied by implementation
of an approved stream buffer management plan. The landowner or developer
shall submit to the Municipal Engineer, governing body, or its appointed
representative a stream buffer management plan prepared by a landscape
architect, professional engineer or other qualified professional which
fully evaluates the effects of any proposed uses on the Stream Buffer
Conservation Zone. The stream buffer management plan shall identify
the existing conditions (vegetation, one-hundred-year floodplain,
soils, slopes, etc.), all proposed activities, and all proposed management
techniques, including any measures necessary to offset disturbances
to the Stream Buffer Conservation Zone. The plan shall be approved
by the Municipal Engineer, governing body, or appointed representative
as part of the subdivision and land development process.
To function properly, dominant vegetation in the stream buffer
management plan shall be selected from a list of plants most suited
to the stream buffer. Plants not included on the list may be permitted
by the Municipal Engineer, governing body, or its appointed representative
when evidence is provided from qualified sources certifying their
suitability. The municipality may require species suitability to be
verified by qualified experts in the Camden County Conservation District,
Natural Resources Conservation Service, New Jersey Department of Environmental
Protection, the U.S. Fish and Wildlife Service, or state and federal
forest agencies.
