[HISTORY: Adopted by the Township Council of the Township
of Hamilton 11-4-2005 by Ord. No. 05-033 (Ch. 155 of the 1994
Code of Ordinances). Amendments noted where applicable.]
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:
Those waters designated in the tables in N.J.A.C. 7:9B-1.15,
as same may be amended or revised.
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.
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.
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.
A stream that appears as a blue line on USGS topographic
quadrangle maps and flows continuously throughout the year in most
years.
Township of Hamilton in Mercer County, New Jersey, or any
of its administrative units exercising jurisdiction within the Township
boundaries.
A.
The SBCZ is defined as the designated area adjacent to surface water,
including lakes, ponds and reservoirs, and intermittent or perennial
streams. The SBCZ may or may not contain trees and other vegetation
at the time of chapter enactment. The SBCZ shall be measured from
each defined edge of an intermittent or perennial stream, or lake,
pond or reservoir at bankfull flow or level. The SBCZ will consist
of two distinct classifications. These classifications determine the
width of the SBCZ, except where steep slopes (in excess of 15%) are
located within the designated widths, in which case the SBCZ shall
be extended to include the entire distance of this sloped area. The
two classes are designated as:
(1)
Class 1 stream conservation zones are adjacent to C1 waters and extend
150 feet from the top of each bank at bankfull flow or maximum pool
elevation or the center line of intermittent streams or the one-hundred-year
floodplain, whichever is greater.
(2)
Class 2 stream conservation zones are adjacent to C2 waters and extend
75 feet from the top of each bank at bankfull flow or maximum pool
elevation or the center line of intermittent streams or the one-hundred-year
floodplain, whichever is greater.
B.
The SBCZ is an overlay to the existing zoning districts.
(1)
The provisions of the underlying district shall remain in full force,
except where the provisions of the SBCZ differ from the provisions
of the underlying district, in which case the provision which is more
restrictive and less permissive to a landowner or applicant shall
apply.
(2)
To the extent permitted by law, these provisions are intended to
modify the type of land use, siting of structures and engineering
of all proposed development on parcels located within the SBCZ. These
provisions apply to land disturbances resulting from or related to
any activity or use requiring application for any of the following
permits or approvals:
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.
A.
All new major and minor subdivision and site plans shall be designed to provide sufficient areas outside of the SBCZ to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as planned lawn areas. Portions of lots within the SBCZ must be permanently restricted by deed or conservation easement held by the Township to prevent clearing of vegetation within the SBCZ. Any lands proposed for development which include all or a portion of a SBCZ shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the SBCZ which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. However, the revegetation requirement does not apply to disturbances of the section(s) of a development that, prior to the adoption of this chapter, have been developed in accordance with the terms of an approved development application. Said vegetation plan shall utilize native tree and plant species in accordance with the stream buffer management plan described in § 583-10.
B.
Minimum required front, side and rear setbacks required for building
lots which exist as of the date of adoption of this chapter, but have
not obtained a building permit, may extend into the SBCZ, provided
that a deed restriction and/or conservation easement is applied which
prohibits clearing or construction in the SBCZ.
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.
A.
An administrative waiver of the requirements in this chapter may
be granted by the administrative officer of the Township's Department
of Community and Economic Development where the consequent impact
upon the SBCZ is determined to be minimal. An administrative waiver
may only be granted where it has been affirmatively demonstrated that
the proposed activity will not be materially detrimental or injurious
to other property or improvements in the area and will not endanger
public safety.
[Amended 4-7-2020 by Ord.
No. 20-015]
B.
As a condition of the granting of an administrative waiver, depending
on the nature of the proposed action by the applicant, the applicant
may be required by the administrative officer to contribute to or
participate in the rehabilitation of an environmentally degraded stream
corridor within or adjacent to the subject site, at least equivalent
in size to the permitted SBCZ reduction and, if available, within
the same watershed. Rehabilitation may include reforestation, stream-bank
stabilization and/or removal of debris, in accordance with a stream
buffer management plan, or any other action/enhancement/improvement
which benefits the public welfare.
A.
When a landowner or applicant disputes the boundaries of the Stream
Buffer Conservation Zone or the defined bankfull flow or level, the
landowner or applicant shall submit evidence to the Township Engineer
that describes the SBCZ, presents the landowner's or applicant's proposed
SBCZ and presents all justification for the proposed boundary change.
B.
Within 45 days of a complete submission of Subsection A above, the Township Engineer or appointed representative shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Director of Community and Economic Development and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
[Amended 4-7-2020 by Ord.
No. 20-015]
C.
Any party aggrieved by any such determination or other decision or
determination under this section may appeal to the administrative
officer under the provisions of this chapter. The party contesting
the location of the SBCZ boundary shall have the burden of proof in
case of any such appeal.
D.
Inspections.
(1)
(2)
The SBCZ may also be inspected periodically by a representative from
the Township if excessive or potentially problematic erosion is present,
other problems are discovered, or at any time when the presence of
an unauthorized activity or structure is brought to the attention
of Township officials or when the downstream surface waters are indicating
reduction in quality.
E.
Conflicts.
All other ordinances, parts of ordinances or other local requirements
that are inconsistent or in conflict with this chapter are hereby
repealed to the extent of any inconsistency or conflict, and the provisions
of this chapter apply.
A.
Within any SBCZ, no construction, development, use, activity or encroachment
shall be permitted unless the effects of such development are accompanied
by preparation, approval and implementation of a stream buffer management
plan.
B.
The landowner, applicant or developer shall submit to the administrative
officer or an appointed representative a stream buffer management
plan prepared by an environmental professional, professional engineer
or other qualified professional, which fully evaluates the effects
of any proposed uses on the SBCZ. The stream buffer management plan
shall identify the existing conditions, including:
(1)
Existing vegetation;
(2)
Field delineated streams, wetlands and the one-hundred-year floodplain;
(3)
Mapped soils;
(4)
Existing subdrainage areas of site;
(5)
Slopes in each subdrainage area segmented into sections of slopes
less than or equal to 10%; 11% to 19%; and 20% to 25%;
(6)
All proposed activities; and
(7)
A mitigation plan that demonstrates how the loss of value afforded
by the existing buffer will be compensated for.
C.
The plan shall be reviewed by the Township Engineer in consultation
with the Environmental Commission as part of the subdivision and land
development process.
D.
The stream buffer management plan should include management provisions
in narrative and/or graphic form, specifying:
(1)
The manner in which the SBCZ will be owned and by whom it will be
managed and maintained.
(2)
The conservation and/or land management techniques and practices
that will be used to conserve and protect the SBCZ, as applicable.
(3)
The professional and personnel resources that are expected to be
necessary in order to maintain and manage the SBCZ.
(4)
A revegetation plan, if applicable, that includes three layers of
vegetation, including herbaceous plants that serve as ground cover,
understory shrubs, and trees that form an overhead canopy. Vegetation
selected must be native and consistent with the soil, slope and moisture
conditions of the site. The revegetation plan shall be prepared by
a qualified professional, such as a landscape architect or engineer,
and shall be subject to the approval of the municipal Engineer, in
consultation with the Environmental Commission.
E.
A stream buffer management plan is not required where the SBCZ is
not being disturbed and conservation easement/deed restrictions applied
to ensure there will be no future clearing or disturbance of the SBCZ.
