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.
(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.
B. Selective cutting of trees and/or the clearing of other vegetation within Zone One, except where such clearing is necessary to prepare land for a use permitted under §
291-3A and where the effects of these actions are mitigated by revegetation, as specified under §
291-9.
C. Selective cutting of trees and/or the clearing of other vegetation within Zone Two, except where such clearing is necessary to prepare land for a use permitted by §
291-3B and where the effects of these actions are mitigated by revegetation, as specified under §
291-9.
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.
H. Roads or driveways, except where permitted as buffer crossings in compliance with §
291-3A(2) or
B(2)(b).
I. Motor or wheeled vehicle traffic in any area not designed to accommodate
adequately the type and volume.
K. Any type of permanent structure, including fences, except structures needed for a use permitted in §
291-3.
L. Subsurface sewage disposal areas.
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.
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.
A. In Zone One, dominant vegetation shall be composed of a variety of
native water-tolerant trees, shrub species, tall grasses and appropriate
plantings necessary for stream bank stabilization.
B. In Zone Two, dominant vegetation shall be composed of water-tolerant
trees and shrubs, with an emphasis on native species and appropriate
plantings necessary to stabilize the soil.
C. Disturbed areas shall be revegetated with stream buffer plants, in
compliance with an approved stream buffer management plan.
D. Areas that cannot be revegetated shall be restored in compliance
with an approved stream buffer management plan.