[Ord. #511-01 § 1]
The borough council finds that the spread of development and
increasing demands upon natural resources are encroaching upon, polluting
or eliminating many of the borough's natural coastal water courses,
coastal wetlands, tidal marshes and other natural resources in the
coastal flood zone, and processes associated therewith, which, if
preserved and maintained in an undisturbed and natural condition,
constitute important physical, social, aesthetic, recreational and
economic assets to existing and future residents of the borough and
the public in general.
It is the intent of the borough council to provide for the protection,
preservation, proper maintenance and use of the borough's natural
coastal water courses, coastal wetlands and tidal marshes in order
to minimize their disturbance; prevent damage from erosion or siltation;
protect against the loss of vital coastal natural resources including
fish, shellfish, or other beneficial marine organisms, aquatic wildlife
and vegetation and the destruction of the natural habitat thereof;
avoid the danger of flood and storm tide damage and pollution, and
to otherwise protect the quality of natural coastal water courses,
coastal wetlands, tidal waters, marshes, beaches and shorelines in
the coastal flood zone for purposes of conservation, economics, aesthetics,
recreation and other public uses and values. Therefore, the borough
council declares that the regulation of the natural coastal water
courses, coastal wetlands, tidal marshes and other natural resources
in the coastal flood zone in the borough is essential to the health,
safety, economic and general welfare of the people.
[Ord. #511-01 § 1]
This chapter shall be known and may be cited as the "Coastal
Wetlands Ordinance" of the Borough of Little Silver.
[Ord. #511-01 § 1]
As used in this chapter.
a.
"Peak-lunar tides" shall mean those excessively high tides or spring
tides caused by solar-lunar gravitational phenomena.
b.
"Tidal waters" shall mean and include all waters bordering on or
within the borough boundaries subject to fluctuations caused by the
solar-lunar gravitational phenomena in depth from storm, peak-lunar
or normal tidal action and shall include but not be limited to all
partially saline and salt water of streams, creeks, estuaries, bays,
sounds and inlets identified and mapped on the coastal wetlands map
pursuant to the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., prepared
by the New Jersey Department of Environmental Protection.
c.
"Peak storm tides" shall mean 100 year storm as defined on the U.S.
Geological Survey Map, 1972, flood prone areas.
d.
"Water courses, natural coastal" shall mean all tidal water bodies
that flow through, border on or are contained within the coastal flood
zone.
e.
"Coastal wetlands" shall mean and include all lands and submerged
lands located within the coastal flood zone of the Borough of Little
Silver which are covered by tidal waters permanently or intermittently
from normal or peak-lunar tides and are so identified and mapped on
the coastal wetlands map pursuant to the Wetlands Act of 1970, N.J.S.A.
13:9A-1 et seq., prepared by the New Jersey Department of Environmental
Protection.
f.
"Tidal marsh" shall mean and include those coastal wetlands located
within the coastal flood zone inundated by tidal waters from normal
tidal action and/or peak-lunar tides, and upon which may grow or is
capable of growing some or all marsh plants indigenous to the area
and are identified and mapped on the coastal wetlands map pursuant
to the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq., prepared by
the New Jersey Department of Environmental Protection.
g.
"Intertidal zone" shall mean and include those portions of the coastal
flood zone which lie between mean low and mean high water.
h.
"Coastal flood zone" shall mean and include all tidal waters, natural
coastal water courses, coastal wetlands, tidal wetlands and tidal
marshes which are inundated regularly or intermittently from normal
tidal cycles and/or peak-lunar and storm tides. The upland limit of
peak storm tide and, hence, limit of the coastal flood zone shall
be defined by the six-foot contour line as designated on the National
Geodetic Vertical Datum (NGVD). This level is based on actual observed
flood levels. The coastal flood zone shall exclude any wetlands regulated
by or subject to the Freshwater Wetlands Protection Act.
i.
"Material" shall mean and include but not be limited to soil, sand,
gravel, clay, silt, peat, debris and refuse or any other materials.
j.
"Tax map" shall mean the map of the Borough of Little Silver dated
December 1957, and revised April 1965, October 1986, November 1993,
April 1996 and January 1997.
k.
"Deposit" shall mean to place in any manner, including any materials
and/or structures.
l.
"Structures" shall mean any physical construction built above or
below ground level.
m.
"Remove" shall mean to take away in any manner including but not
being limited to digging, dredging, sucking, bulldozing, draglining
or blasting.
n.
"Operation" shall mean and include, but not be limited to, any or
all uses or activity, removal, deposition or construction.
o.
"Tidal wetlands" shall mean and include all banks, marshes, swamps,
salt meadows, flats or any other low lands subject to tidal action.
[Ord. #511-01 § 1]
The following operations and uses are permitted within the coastal
flood zone, provided that there is no significant adverse impact on
the coastal flood zone.
a.
Conservation of soil, vegetation, water, fish, shellfish and wildlife.
b.
Outdoor low-intensity recreation including nature study, hiking,
horseback riding, swimming, skin diving, boating, water skiing, trapping,
hunting, fishing and shellfishing where otherwise legally permitted
and regulated.
c.
Boat anchorage or mooring.
[Ord. #511-01 § 1]
Regulated acts within the coastal flood zone may be permitted by the planning board only after referral of the permit application to the environmental commission for its review and recommendation, and are subject to applicable County, State and Federal rules and regulations. The recommendation of the environmental commission is advisory only. If the environmental commission fails to submit said recommendation to the planning board within the time provided for in this chapter, the permit may be issued without the benefit of said recommendation. Special permits shall be issued as provided for in section 19-7 for such regulated acts. Regulated acts shall include:
a.
Erection of structures, driving of pilings, placing of obstructions
whether or not changing the tidal ebb and flow, boat launching or
landing sites and marinas.
b.
Temporary storage of materials.
c.
Dams and other water control structures or drainage improvements
deemed to be consistent with the intent and objectives of this ordinance
by the planning board.
d.
Driveways and roads on pilings where they pass over tidal wetlands,
tidal waters and tidal marshes where alternative means of access are
proven to be impractical in the considered judgment of the planning
board.
e.
Deposit or permit to be deposited any materials or liquid wastes
in the coastal flood zone.
f.
Remove, dig, dredge, or in any other way alter or remove any material
from the coastal flood zone.
[Ord. #511-01 § 1]
All applicants for a special permit to do any of the regulated acts as described and defined in section 19-6 shall present an original and six copies of the permit application together with other required information as outlined in this section to the borough administrator. All applications and copies thereof must include the following information:
a.
Name and address of applicant and/or applicant's agent and whether
applicant is owner, or agent. If applicant is agent, the written consent
of the owner, duly acknowledged, must be attached.
b.
The names and addresses of all owners of lands contiguous to and
within 500 feet of lands and waters where the proposed project will
take place.
c.
Purpose of proposed project.
d.
An environmental (assessment statement) must accompany the application.
Requirements and outline for said assessment may be obtained from
the borough administrator.
e.
Manner in which material will be removed or deposited, structure
installed or use carried out. Provision for retention basins or other
drainage measures in accordance with current standards for soil erosion
and sediment control in New Jersey.
f.
A surveyor's topographical map, with contours shown at one foot
intervals and the project area indicated.
g.
A map showing soil types and defined by the U.S. Soil Conservation
Service which were mapped for Little Silver on July 27, 1973, and
also showing slope and soil permeabilities shall be also accompanied
by the application for the permit.
h.
All maps shall be certified by a professional engineer and land surveyor
licensed in the State of New Jersey.
i.
A filing fee of ten ($10.00) dollars or one percent of the estimated
certified cost of the proposed operation, whichever is greater.
j.
Proof of approval(s) and/or permit(s) issued by all County, State
or Federal agencies having jurisdiction over the applicant's
proposed project, including, but not limited to, Freehold Soil Conservation
District, Department of Environmental Protection of the State of New
Jersey and the United States Army Corps of Engineers.
[Ord. #511-01 § 1]
The borough administrator shall retain the original permit application
for his files and distribute one copy each to the borough council,
environmental commission, borough engineer, planning board and shade
tree commission. Each of those agencies, except the borough council
and the planning board shall study the permit application and forward
a report and recommendation thereon to the planning board within 30
days, indicating approval, disapproval or conditional approval, itemized
and explained in writing.
[Ord. #511-01 § 1]
The planning board shall review all comments and recommendations
pertaining to the permit application. Upon ten days public notice
published in the official newspaper of the borough, the planning board
shall hold a public hearing on the permit application. The planning
board shall, after the required public hearing, render a decision
to deny, approve or approve with conditions the permit application.
In rendering a decision the planning board shall state in writing
its findings of fact and conclusions. The decision shall be transmitted
to the borough council, and to the borough clerk, who will advise
the applicant of such decision by transmitting a copy of the permit
application to the applicant with decision and conditions, if any,
imposed by the planning board attached.
[Ord. #511-01 § 1]
The permit applicant or his agent shall have visibly posted
the approved permit on the project property.
[Ord. #511-01 § 1]
Operations conducted under permit shall be open to inspection
at any time by any agency or agent of the borough.
[Ord. #511-01 § 1]
Any permit issued herein shall expire one year from date of
issue and may only be extended upon approval of the planning board.
[Ord. #511-01 § 1]
The permit applicant upon approval of the permit shall file
with the borough administrator an environmental bond, (if required),
in an amount designated by the planning board and/or the borough engineer
for any environmental damage incurred during project construction.
a.
The environmental bond shall be conditioned on compliance with all
provisions of this local law and conditions imposed on permit approval.
b.
The applicant shall also submit to the borough administrator an affidavit
which indemnifies and saves harmless the borough or any agency or
agent thereof from any claims arising out of or connected with operations
under the permit and from all acts, omissions, commissions or negligence
on the part of the applicant, his agents or employees.
[Ord. #511-01 § 1]
No application for a special permit shall be filed with the
borough administrator until applicant has complied with all applicable
County, State and Federal rules and regulations, and has received
applicable approval(s) and/or permit(s) from all County, State or
Federal agencies having jurisdiction over the applicant's proposed
project, including, but not limited to, Freehold Soil Conservation
District, Department of Environmental Protection of the State of New
Jersey and the United States Army Corps of Engineers.
[Ord. #511-01 § 1]
Any person found violating any provisions of this chapter or
conditions imposed by the planning board and/or the borough engineer
upon an approved permit shall be served with a written notice by the
zoning officer stating the nature of the violation and providing a
specified time within which the violation shall cease and satisfactory
corrective action shall be taken by the violator or under certain
conditions have the permit immediately revoked.
[Ord. #511-01 § 1]
The invalidity of any word, clause, section or provision of
this chapter shall not affect the validity of any other part of the
chapter which can be given without such invalid part or parts.
