The governing body hereby finds and declares that the area designated
for commercial recreation is subject to frequent periodic flooding
and that it is an area critically important for the retention of floodwater
during periods of flooding and that as a marshland area it is one
of the most vital, biologically productive and ecologically sensitive
areas in the Borough. The purpose and objectives of this zone are
to:
A. Encourage the establishment of commercial recreation areas;
B. Maintain and operate property in such a way as to conform with the
flooding characteristics of the floodplain area;
C. Reasonably limit any activities that might adversely affect the environmental
characteristics of the area;
D. Encourage activities that are of an outdoor recreation or outdoor
education nature and are essentially nonstructural, requiring little
or no filling, dredging, removing or otherwise altering the present
state of the land, unless specifically permitted; and
E. Provide an opportunity and facilities for observation and study of
the various types of flora and fauna that are indigenous to the area.
Any use in the CR Commercial Recreation Zone shall conform to the minimum performance standards in §
28-18.8 of this chapter. Initial and continued compliance with said performance standards shall be required of every use. Prior to issuance of any building permit or certificate of occupancy for a use in any Commercial Recreation Zone, the governing body may require any applicant to furnish at his expense a certificate of a recognized testing laboratory as evidence of compliance with such standards. In the event of complaint to or on request of the governing body at any further date, submission of a similar certificate of compliance may be required according to specifications set forth by the governing body.
No development plan shall be approved unless the municipal agency
shall have found that the proposed facility:
A. Will adhere to the performance standards in §
28-18.8 of this chapter.
B. Conforms to all applicable New Jersey Department of Environmental
Protection air, water and radiation emission and effluent standards
and all applicable water quality criteria and air quality standards
and applicable state noise standards.
C. Will not emit air and water effluent in excess of the existing dilution,
assimilative and recovery capacities of the air and water environments
at the site and within the surrounding region during and after construction.
D. Provides for the handling and disposal of litter, trash and refuse
in such a manner as to minimize adverse environmental effects and
the threat to the public health, safety and welfare.
E. Would result in minimal feasible impairment of and risk to the regenerative
capacity of water aquifers or other groundwater or surface water supplies.
F. Would cause minimal feasible interference with and risk to the natural
functioning of plant, animal, fish and human life processes at the
site and within the surrounding region during and after construction.
G. Is located or constructed so as to neither endanger human life or
property nor otherwise impair the public health, safety and welfare.
H. Would result in minimal practicable degradation of and risk to unique
or irreplaceable land types, historical or archaeological areas, and
existing scenic and aesthetic attributes at the site and within the
surrounding area during and after construction.
I. Will not alter the existing grades by more than the number of cubic
yards of soil needed to raise the grade from the existing elevation
to the base flood elevation for a maximum 15% of the lot area. The
absolute maximum average volume of soil per acre which is permitted
to be graded or disturbed is 2,662 cubic yards.
J. Will not lower existing contours to an elevation of 10 feet below
the elevation of the mean annual water table as determined by the
Borough Engineer.
An area of at least 100 feet in width and following lot lines
of commercial recreational property, where adjacent to all other zones,
improved public rights-of-way and adjacent lots of the same zone,
shall be maintained in its natural vegetation or landscaped with plantings
where needed and maintained to form a living visual barrier. No buildings,
structures or parking areas shall be allowed in buffer strip areas.