In recognition of the fact that values afforded by functional
stream buffers contribute to the welfare of residents, the following
regulations have been enacted to provide reasonable controls governing
the conservation, disturbance, restoration and management of existing
stream buffers for all perennial and intermittent streams and all
lakes, ponds and reservoirs within the Township by establishing a
Stream Buffer Conservation Zone (SBCZ). The specific purposes and
intent of this chapter are to:
A. Regulate the land use, siting and engineering of all development
in the SBCZ to be consistent with the intent and objectives of this
chapter and accepted conservation practices.
B. Prevent excessive nutrients, sediment and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, plant
uptake, biodegradation and denitrification, which occur when stormwater
runoff is conveyed through vegetated buffers as stable, distributed
sheet flow prior to reaching receiving waters.
C. Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna.
D. Provide for natural organic matter (fallen leaves and twigs) and
large woody debris (fallen trees and limbs) that provide food and
habitat for small bottom-dwelling organisms (insects, amphibians,
crustaceans, and small fish), which are essential to maintain the
food chain.
E. Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms.
F. Conserve the natural features important to land and water resources,
e.g., headwater areas, groundwater recharge zones, floodway, floodplain,
springs, steams, wetlands, woodlands and prime wildlife habitats.
G. Work with state laws and other ordinances that regulate environmentally
sensitive areas to minimize hazards to life, property and stream features
and assist in the implementation of pertinent state laws concerning
erosion and sediment control practices.
For the purposes of this chapter, the following definitions
shall apply:
CATEGORY TWO WATERS or C2 WATERS
Those waters not designated as outstanding national resource
waters or Category One at N.J.A.C. 7:9B-1.15, as same may be amended
or revised.
INTERMITTENT STREAM
Any surface water drainage channels with definite bed and
banks in which there is not a permanent flow of water. Most intermittent
streams are shown on Natural Resources Conservation Service county
soil surveys. These are portrayed as a dashed line on a USDA Soil
Survey Map of the most recent edition, or as state open water identified
in a letter of interpretation issued by the NJDEP Land Use Regulation
Program, whichever is more inclusive.
LAKE, POND or RESERVOIR
Any impoundment, whether naturally occurring or created in
whole or in part by the building of structures for the retention of
surface water, excluding sedimentation control and stormwater retention/detection
basins and ponds designed for treatment of wastewater.
PERENNIAL STREAM
A stream that appears as a blue line on USGS topographic
quadrangle maps and flows continuously throughout the year in most
years.
THE TOWNSHIP
Township of Hamilton in Mercer County, New Jersey, or any
of its administrative units exercising jurisdiction within the Township
boundaries.
Stream Buffer Conservation Zones shall remain in a natural condition
or, if in a disturbed condition, including agricultural activities,
at the time of adoption of this chapter, may be restored to a natural
condition. There shall be no clearing or cutting of trees and brush,
except for removal of dead vegetation and pruning for reasons of public
safety or for the replacement of invasive species with indigenous
species. There shall be no alteration of watercourses, dumping of
trash, soil, dirt, fill, vegetative or other debris, regrading or
construction within the SBCZ.
A. Open space uses that are primarily passive in character shall be
permitted to extend into the SBCZ, provided near-stream vegetation
is preserved, including:
(1) Wildlife sanctuaries, nature preserves, forest preserves, fishing
areas, game farms, fish hatcheries and fishing reserves, operated
for the protection and propagation of wildlife, but excluding structures.
(2) Passive areas of public and private parklands, including unpaved
hiking, bicycle and bridle trails, provided that said trails have
been stabilized with pervious materials.
B. Stream-bank stabilization or riparian reforestation, which conform to the guidelines of the stream buffer management plan described in §
583-10, or wetlands mitigation projects that have been approved by the Department of Environmental Protection are permitted to extend into the SBCZ.
C. SBCZ crossing by recreational trails, roads, railroads, sewer and/or
water lines, and public utility transmission lines are permitted,
provided that any disturbance is offset by buffer improvements in
compliance with the stream buffer management plan mitigation plan
and any applicable state permits are acquired.
Nonconforming structures and uses of land within the SBCZ are
subject to the following requirements:
A. Existing nonconforming structures or uses 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 SBCZ, as measured against the intent and purpose under §
583-1, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this chapter.
Any use or activity not specifically authorized within §
583-4 or
583-6 shall be prohibited within the SBCZ.
Violators of the provisions of this chapter shall be subject to the penalties established in Chapter
1, General Provisions, §
1-2, Violations; penalties, of the Code of the Township of Hamilton, as same may be amended.