[Amended 10-24-2017 by Ord. No. 2017-11]
District regulations as set forth in the Woodstown Borough Zoning Ordinance Schedule of District Regulations and in specified supplementary sections are hereby adopted by reference and declared to be a part of this Part 3.[1]
[1]
Editor’s Note: The Schedule of District Regulations is included as an attachment to this chapter.
[Added 4-25-06 by Ord. No. 2006-629]
A.
In the Conservation District or the Conservation-Residential District any major subdivision and/or site plan application must submit an Environmental Impact Statement in accordance with the requirements of Section 67-57.
B.
Purpose and objectives.
(1)
The purpose of the conservation area overlay district is to
provide special controls over land use and development located in
ecologically significant landscapes identified by the Borough of Woodstown.
The overlay district is designed to preserve and protect ecosystems
in their entirety to the greatest extent possible. This shall be accomplished
by minimizing fragmentation of the landscape, maintaining biodiversity
and specifically protecting unique environmental features identified
as integral parts of the designated landscape. The overlay district
shall establish standards and procedures which are designed to protect,
conserve, enhance, restore, and maintain significant natural features
and the ecological connections between them.
(2)
The regulations contained in this overlay district seek to protect
areas known to be ecologically sensitive to disturbance by development,
or that are ecologically important because they support threatened,
endangered or regionally declining species, maintain connections within
a landscape, support a high diversity of species or constitute rare
or unusual habitats.
(3)
These regulations are intended to:
(a)
Maintain the diversity of wildlife species and habitat found
in the conservation area.
(b)
Protect habitat areas from activities that would cause immediate
or foreseeable danger to significant wildlife habitat.
(c)
Ensure that land uses and development are planned and designed
to be harmonious with wildlife habitat and the species that depend
on that habitat, and to protect the full range of habitats and species
in the area.
(d)
Preserve and protect open space to the maximum extent possible
by requiring the clustering of permitted development and limiting
intrusion into natural habitat.
(e)
Connect open spaces with each other to the greatest extent possible
to allow for the preservation of wildlife habitat and other environmental
features.
(f)
Reduce the amount of nutrients, sediment, organic matter, pesticides,
and other harmful substances that reach watercourses, wetlands, or
subsurface water bodies by using scientifically proven processes including
filtration, deposition, absorption, plant uptake, and denitrification,
and by improving infiltration, encouraging sheet flow, and stabilizing
concentrated flows.
(g)
Improve and maintain the safety, reliability, and adequacy of
the water supply for domestic, agricultural, commercial, industrial,
and recreational uses along with sustaining diverse populations of
aquatic flora and fauna.
(h)
Retain areas of annual flooding, floodplains, water areas, and
wetlands in their natural state to the maximum extent possible to
preserve water quality and protect water retention capabilities, facilitate
recharging of the water table, and natural functions.
(i)
Protect steep slopes and other areas of erosion or potential
erosion to the greatest extent possible by minimizing the impacts
in these areas by properly managing disturbances.
(j)
Protect the quality of air, water, and soil and maintain minimum
noise and artificial lighting levels in sensitive environmental areas.
(k)
Protect areas generally recognized for their special or unique
vegetative features or ecological communities including natural vegetation
along lakes, rivers, wetlands and streams, grasslands, woodlands,
stands of trees and mature forests.
(l)
Limit human and domestic animal intrusion and impact.
(4)
The regulations contained in this law are not intended to be
substituted for other general zoning district provisions, but should
be considered as additional requirements to be met by applicants,
prior to project approval. The purpose of the overlay district is
to provide the Borough of Woodstown with an additional level of review
and regulation to control how land use and development, permitted
by the Borough of Woodstown's primary zoning districts, occurs in
sensitive or unique environmental areas.
C.
If the environmental impact statement identifies any environmentally
sensitive habitat or natural resource additional setbacks and development
techniques shall be applied. The following shall constitute as environmentally
sensitive habitat or natural resources for the purpose of this provision:
D.
Buffers. A minimum buffer of 50 feet, in addition to any required setbacks, shall be provided from any feature identified in Subsection C above. In circumstances where an eagle habitat is discovered, a buffer of 300 feet shall be provided.
E.
Areas that are subject to the buffer in Subsection C above, including the buffer area, shall be placed in a conservation easement and deed restricted from development. All areas shall remain in their natural state, however maintenance, as permitted by the New Jersey Department of Environmental Protection, is permitted.
F.
Findings of fact and intent.
(1)
Freshwater wetlands and freshwater wetland transition areas,
water bodies, watercourses.
(a)
Findings of fact. Freshwater wetlands and watercourses serve
multiple functions, including to:
(i)
Provide surface water, recharge groundwater and aquifers, serve
as chemical and biological oxidation basins and function as settling
basins for naturally occurring sedimentation.
(ii)
Control flooding and stormwater runoff by regulating
natural flows, storing water and desynchronizing flows.
(iii)
Provide critical nesting, migratory stopover
and over-wintering habitats for a diversity of wildlife.
(iv)
Support unique vegetative associations of various
types.
(v)
Provide areas of unusually high plant productivity, which support
significant wildlife diversity and abundance.
(vi)
Provide breeding and spawning grounds, nursery
habitat and food for various species of fish and amphibians.
(vii)
Serve as nutrient traps for nitrogen and phosphorous
and act as filters for surface water pollutants.
(viii)
Help to maintain biospheric stability by supporting
particularly efficient photosynthesizers capable of producing significant
amounts of oxygen and supporting bacteria which process excess nitrates
and nitrogenous pollutants and return them to the atmosphere as inert
nitrogen gas.
(ix)
Provide open space and visual relief from intense
land development.
(x)
Serve as outdoor laboratories and living classrooms for the
study and appreciation of natural history, ecology and biology.
(b)
Intent. Development in and around wetlands, water bodies or
watercourses shall not threaten public safety, the natural environment
or cause nuisance by:
(i)
Impeding or reducing flood flows, reducing flood storage areas
or destroying storm barriers, thereby resulting in increased flood
heights, stream scouring, flood frequency or increased velocity over
land.
(ii)
Increasing water pollution through location of
any domestic wastewater disposal system in wet soil; inappropriate
siting of stormwater control facilities; unauthorized application
of fertilizers, pesticides, herbicides and algicides; disposal of
solid wastes at inappropriate sites; creation of unstabilized fills;
or the destruction of wetland soils and vegetation serving pollution
and sediment control functions.
(iii)
Increasing erosion.
(iv)
Decreasing breeding, nesting and feeding areas
for species of waterfowl and shorebirds, including those rare and
endangered.
(v)
Interfering with the exchange of nutrients needed by fish and
other forms of wildlife.
(vi)
Decreasing habitat for fish and wildlife.
(vii)
Adversely altering the recharge or discharge
functions of wetlands, thereby impacting groundwater or surface water
supplies.
(viii)
Significantly altering the wetland hydro-period
and thereby causing either short or long-term changes in vegetative
composition, soil characteristics, and nutrient recycling or water
chemistry.
(ix)
Destroying sites needed for educational and scientific
research, such as outdoor biophysical laboratories, living classrooms
and training areas.
(x)
Interfering with public rights in navigable waters and the recreational
opportunities provided by wetlands for fishing, boating, hiking, bird
watching, photography, camping and other passive uses.
(xi)
Destroying or damaging aesthetic and property
values, including significant public viewsheds.
(2)
Floodplains.
(a)
Findings of fact.
(i)
Floodplains temporarily store water and decrease storm velocity.
These functions are enhanced by vegetation which enable water to spread
horizontally and move more slowly.
(ii)
Floodplains help control runoff, decrease the
potential for catastrophic flooding, and allow for the infiltration
of water into the groundwater table.
(iii)
Floodplains capture and sequester sediment and
nutrients thereby enhancing the quality of water.
(iv)
Floodplain trees and plants stabilize riverbanks
thereby reducing erosion.
(v)
Floodplains provide critical habitat for wildlife and aquatic
species such as resting, feeding and nesting areas. These areas provide
a transition zone between watercourses and uplands.
(vi)
Damages from flooding and erosion can be extensive,
including destruction or loss of housing, public facilities, and injury
to and loss of human life.
(b)
Intent. The provisions of this law are intended to:
(i)
Regulate uses which are dangerous to health, safety and property
due to water or erosion hazards or which cause increases in erosion
or flood heights or velocities.
(ii)
Require that uses vulnerable to flooding, including
structures, be protected against flood damage.
(iii)
Control the alteration of natural floodplains,
stream channels and natural protective barriers that are involved
in the accommodation of floodwaters.
(iv)
Control filling, grading, dredging and other development
that may increase erosion or flood damages.
(v)
Regulate the construction of flood barriers which will unnaturally
divert floodwaters or which may increase flood hazards to other lands.
(vi)
Prevent the removal of floodplain vegetation and
the creation of impermeable surfaces that would lessen the natural
functions of a floodplain ecosystem.
(3)
Aquifers.
(a)
Findings of fact.
(i)
Aquifers store water for varying periods of time acting as underground
reservoirs.
(ii)
Springs and spring fed habitats are important
for various species.
(iii)
Aquifers contribute significantly to surface
water and are important to sustaining vegetation.
(iv)
Activities that prevent infiltration into aquifers
cause increased runoff.
(v)
The groundwater underlying the conservation Area District is
a major source of existing and potential future groundwater supply,
including drinking water, and, as such, should be protected from contamination.
(vi)
Unregulated development in areas with sensitive
hydrogeologic formations of stratified drift aquifers and their primary
recharge areas may threaten the quality of such groundwater supplies
and related water resources in the Conservation Areas District posing
potential public health and safety hazards.
(vii)
Preventive measures are needed to control the
development of land and to control the discharge and storage of hazardous
materials within the hydrologic formations to limit the adverse impacts
that such development and discharge can create.
(b)
Intent. The provisions of this law are intended to:
(i)
Protect the public health, safety and welfare through the preservation
of the groundwater resources in order to ensure the future supply
of safe and healthful drinking water in the conservation area, by
reducing the potential for groundwater contamination.
(4)
Steep slopes.
(a)
Findings of fact.
(i)
Steep slopes are environmentally sensitive landforms and valuable
natural resources, which are of benefit to the entire Borough of Woodstown
and the surrounding region. The environmental sensitivity of steep
slopes often results from such features as shallow soils over bedrock,
bedrock features, groundwater seeps, or watercourses and wetlands
found on or adjacent to steep slopes.
(ii)
Destruction of steep slopes by unregulated regrading,
filling, excavation, building, clearing and other such acts, is inconsistent
with the natural condition or acceptable uses of steep slopes. Steep
slopes provide critical habitat for some wildlife species.
(iii)
Effective protection of steep slopes requires
preservation. Where steep slopes must be disturbed, careful regulation,
including stringent mitigating measures of disturbance of soil and
vegetation on steep slopes is necessary.
(iv)
Improper management of disturbances to steep slopes
can aggravate erosion and sedimentation beyond rates experienced in
natural geomorphological processes. Erosion and sedimentation often
include the loss of topsoil, a valuable natural resource, and can
result in the disturbance of habitats, alteration of drainage patterns,
obstruction of drainage structures, damage to surface and subsurface
hydrology and intensification of flooding.
(v)
Inadequate control of disturbances to steep slopes can lead
to the failure of slopes and mass-movement of earth, damage to natural
environment, manmade structures and personal safety, and the loss
of aesthetically pleasing landscapes.
(b)
Intent. The provisions of this law are intended to:
(i)
Preserve steep slopes to the greatest extent practicable and
regulate their use to protect the public interest by perpetuating
benefits provided by steep slopes and by ensuring the minimization
of detrimental effects though the practice of properly managed disturbance
of steep slopes.
(ii)
Reduce water runoff, soil erosion, and rockslides
by minimizing grading and by requiring revegetation.
(iii)
Permit intensity of development compatible with
the natural character of the slope or hillside by considering degree
of slope, significant landforms, soil suitability, and existing drainage
patterns.
(5)
Woodlands, forests and trees.
(a)
Findings of fact.
(i)
The preservation and maintenance of trees is necessary to protect
the health, safety, environment, and general welfare of the inhabitants
of the Borough of Woodstown.
(ii)
Trees provide necessary shade and cooling, greenspace
and aesthetic appeal, impede soil erosion, aid water absorption, and
generally enhance the quality of life within the Borough of Woodstown.
(iii)
Forests and stands of trees provide important
habitat for wildlife. Forests and plants also provide important ecosystem
functions such as carbon sequestration, filtering pollutants from
the air, moderating climate, and moderating surface water runoff.
(iv)
The destruction and damage of trees and the indiscriminate
and excessive cutting of trees causes barren and unsightly conditions,
creates surface drainage problems, increases municipal costs to control
drainage, impairs stability of real property values, and adversely
affects the character of the community.
(b)
Intent. The provisions of this law are intended to:
(i)
Preserve and protect woodlands, stands of trees, mature forests
and shrubs, including specimen trees, rare species, and habitats by
regulating or controlling land use and development in those areas.
(ii)
Preserve the physical environment, biotic resources,
and trophic networks needed to support productive forests by maintaining
compositional and structural diversity.
(iii)
Provide a diversity of seral stages, cover types,
and stand structures that provide habitat for many native species
and a framework for all essential ecosystem processes.
(iv)
Preserve forest soil stability, fertility and
vitality by eliminating activities that result in erosion, acidification,
loss of nutrients and compaction.
(6)
Wildlife and habitat.
(a)
Findings of fact.
(i)
Areas that contain a diversity of wildlife species are a natural
resource of local, state, national and global significance.
(ii)
Wildlife plays important roles in maintaining
ecosystems through ecological interactions such as predation, pollination
and seed dispersal.
(iii)
Wildlife provides valuable educational and recreational
opportunities.
(iv)
Wildlife populations can only be sustained if
adequate measures are taken to maintain the habitats they require
and the ecological connections between these habitats. Habitat protection
enables wildlife to persist in a region as well as enabling the continuation
of vital natural processes.
(v)
Poorly planned land development causes the fragmentation, and
reduces the functioning of habitat.
(vi)
The effective protection of ecosystems is dependent
on a basic understanding that few ecosystems are wholly contained
within one municipality. Therefore, intermunicipal cooperation is
necessary to ensure that ecologically sensitive landscapes are protected
and maintained.
(b)
Intent. The provisions of this law are intended to:
(i)
Identify critical fish and wildlife habitat areas.
(ii)
Protect fish and wildlife habitat and their ecological
connections.
(iii)
Maintain populations of wildlife species and
the habitats they depend upon.
(iv)
Provide for breeding, nesting, feeding and other
life functions required to sustain a diversity of wildlife including
species declining in the region and rare, endangered, and threatened
species.
(v)
Minimize fragmentation of habitats by protecting open space
and by maintaining interconnecting corridors to form a continuous
network of wildlife habitats and ecosystems.
(vi)
Participate in intermunicipal agreements that
will ensure the maintenance of regional critical ecosystems and their
ecological connections.
G.
Conservation area overlay designation.
(1)
To protect an ecosystem, the natural resources identified in Subsection E. found on a large undisturbed landscape must be identified and mapped. It is critical that the areas within the ecologically significant landscape remain undisturbed allowing critical ecosystem processes to continue to function.
(2)
The boundaries of the conservation area shall be included on
the Official Conservation Areas Map at an appropriate scale and with
a metes and bounds description such that the boundaries of the conservation
area can be clearly identified.
(3)
Designation of the conservation area shall include identification of all natural resources as described by the designation criteria set forth in Subsection H. The identified resources shall be included on the conservation area map at an appropriate scale and description such that the resources can be clearly identified.
(4)
The Zoning Map, soil survey maps, topographical maps, aerial
photographs, state and national wetlands inventories, wildlife inventories,
field studies and any other inventory methods as required by the Borough
of Woodstown Planning/Zoning Board shall be used to identify the natural
resources within the conservation area.
(5)
If at any time the maps referenced in this section are not prepared
or properly filed, applicants in any conservation area shall be required
to submit maps of their land containing the requisite infrastructure.
H.
Designation criteria. The following natural resource characteristics
shall be used in designating the conservation area:
(1)
Freshwater wetlands, water bodies, watercourses.
(a)
Freshwater wetlands shall include and be characterized as follows:
(i)
Lands that qualify or are commonly referred to as marshes, swamps,
sloughs, bogs, flats, vernal pools/ponds, wetland meadows and other
wetlands whether flooded at all times, flooded seasonally or having
a water table at least three consecutive months of the year within
six inches of the ground surface or supporting aquatic or semiaquatic
vegetation.
(ii)
Lands and submerged lands containing remnants
of nonaquatic or semiaquatic vegetation that has died because of wet
conditions over a sufficiently long period, provided that such wet
conditions do not exceed a maximum seasonal water depth of six feet.
(iii)
Lands and water substantially enclosed by aquatic
or semiaquatic vegetation as set forth in paragraph (1)(a)(i) of this
subsection or by dead vegetation as set forth in paragraph (1)(a)(ii)
of this subsection, the regulation of which is necessary to protect
and preserve the aquatic and semiaquatic vegetation.
(iv)
The water overlying the areas set forth in paragraphs
(1)(a)(i) and (ii) of this subsection and the lands underlying paragraph
(1)(a)(iii) of this subsection.
(v)
Lands and submerged lands containing sensitive soils where the
slope is less than 3%, typical wetlands vegetation, and a groundwater
table within six inches of the surface for over three consecutive
months in the year.
(vi)
Soil types that are poorly drained, alluvial or
floodplain soil.
(b)
Watercourses shall include and be characterized as follows:
(i)
A running stream of water; a natural stream fed from permanent
or natural sources, including rivers, creeks, springs, runs and rivulets;
a stream, usually flowing in a particular direction, though it need
not flow continuously.
(ii)
The watercourse must flow in a definite channel,
having a bed or banks. It usually discharges itself into some other
stream or body of water. It must be something more than mere surface
drainage over the entire face of the tract of land, occasioned by
unusual freshets or other extraordinary causes.
(c)
Water bodies shall include and be characterized as follows:
(i)
Any natural or artificial pond, lake, reservoir or other area
which ordinarily or intermittently contains water and which has a
discernable shoreline.
(d)
Establishing and interpreting wetland and buffer area boundaries.
(i)
Wetlands, water bodies and watercourses and their adjacent critical
terrestrial habitat that are ecologically related and cannot be considered
in isolation. Buffers are extremely important ecologically and many
species depend on the uplands that border wetlands for critical habitat.
(ii)
The boundaries of the wetlands, water bodies and
watercourse and buffer areas shall be determined by a field investigator
and surveyed by a licensed surveyor. The buffer area shall extend
to the extent deemed necessary to protect wildlife and other critical
resources.
(2)
Floodplains.
(a)
Floodplains shall include and be characterized as follows:
(i)
Any land area susceptible to being inundated by water as a result
of the overflow of inland or tidal waters or the unusual and rapid
accumulation of runoff of surface waters from any source.
(ii)
Land subject to a 1% or greater chance of flooding
in any given year. This is commonly referred to as the "one-hundred
year floodplain."
(iii)
Floodway or channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than one foot.
(3)
Aquifers.
(a)
Aquifers shall include and be characterized as follows:
(i)
A consolidated or unconsolidated geologic formation, group of
formations or part of a formation capable of yielding a significant
amount of groundwater to wells, springs or infiltration galleries.
(ii)
Soil or rock units that have substantial porosity
plus sufficient permeability to permit storage or economic extraction
of water.
(5)
Woodland, forests and trees.
(6)
Wildlife and wildlife habitat.
(a)
Wildlife and wildlife habitat shall include and be characterized
as follows:
(i)
Areas where endangered, threatened, regionally declining, and
ecologically sensitive species occur.
(ii)
Habitats and species of local importance.
(iii)
Lakes, ponds, streams, rivers and their submerged
aquatic beds that provide fish and wildlife habitat.
(iv)
Nature preserves or conservation areas.
(v)
Wildlife corridors and landscape linkages.
(vi)
Areas with one of the following attributes: wildlife
diversity, significant seasonal ranges for wildlife, wildlife migration
corridors, limited and/or highly vulnerable habitat.
(vii)
Significant habitat areas include habitats that
are limited, declining or highly vulnerable to degradation and destruction,
and that support species and/or ecological communities that are endangered,
threatened, rare or ecologically sensitive to such changes.
(viii)
Wildlife species that are unique, rare, threatened,
endangered, regionally declining or otherwise deemed to be of significance
to the Borough of Woodstown.
(ix)
Areas of suitable or critical wildlife habitat
as designated by the State of New Jersey Landscape Project habitat
mapping database.
I.
Performance standards. The following standards are designed to ensure
that resources contained in the conservation area are impacted to
the least possible extent. Performance standards ensure that the landscape
will remain integrated and that resources can function in a natural
state. The following standards are applicable to all development activities
that occur within the Conservation Overlay District.
(1)
Fragmentation.
(a)
Objectives. To decrease to the greatest extent possible the
fragmentation of the conservation area so that natural processes are
not disrupted and biodiversity is not diminished.
(b)
The objectives shall be attained by applying the following standards:
(i)
To the greatest extent possible, development shall be limited
to existing fragmented areas.
(ii)
If development in sensitive environmental areas
cannot be avoided, development should be planned and technology used
to maintain ecological connections and protect critical resources.
(iii)
Clustering in accordance with Section 67-74.1
Appendix B[1] should be used to avoid degradation of critical resources
and further fragmentation of the landscape.
[1]
Editor's Note: This reference, found in Ordinance 2006-629
is codified herein at the direction of the borough and will be clarified
in a future supplement.
(2)
Erosion and sedimentation control.
(a)
Objective. To safeguard persons, protect property, prevent damage
to the environment, and promote the public welfare by guiding, regulating,
and controlling the design, construction, use, and maintenance of
any development or other activity which disturbs or breaks the topsoil
or results in the movement of earth on land.
(b)
General principles. The objective is to control soil erosion
and sedimentation caused by development. Measures taken to control
erosion and sedimentation shall be adequate to ensure that sediment
is not transported from the site by a storm event of ten-year frequency
or less. The following principles shall apply to all development:
(i)
Selection of control measures. The selection of erosion and
sedimentation control measures shall be based on assessment of the
probable frequency of climatic and other events likely to contribute
to erosion, and on an evaluation of the risks, costs, and benefits
involved.
(ii)
Protection of adjacent properties. Properties
adjacent to the site of a land disturbance shall be protected from
sediment deposition. This may be accomplished by preserving a well-vegetated
buffer strip around the lower perimeter of the land disturbance, by
installing perimeter controls such as sediment barriers, filters,
dikes, or sediment basins, or by a combination of such measures.
(iii)
Cut and fill slopes. Development shall reflect
the topography and soils of the site so as to create the least potential
for erosion. Areas of steep slopes where high cuts and fills may be
required shall be avoided wherever possible, and natural contours
shall be followed as closely as possible. In the design of cut and
fill slopes, consideration must be given to the length and steepness
of the slope, the soil type, upslope drainage area, groundwater conditions
and other applicable factors. Slopes, which are found to be eroding
excessively within one year of construction, must be provided with
additional stabilizing measures until the problem is corrected.
(iv)
Vegetation. Natural vegetation shall be retained
and protected wherever possible. A permanent vegetative cover shall
be established on denuded areas not otherwise permanently stabilized.
Permanent vegetation and related structures shall be installed as
soon as practical, or within the time specified in the permit. Permanent
vegetation shall not be considered established until a ground cover
is achieved which, in the opinion of the Soil Conservation District
serving Salem County, is mature enough to control soil erosion satisfactorily
and to survive severe weather conditions. The smallest practical area
of land shall be exposed for the shortest practical time during development.
(v)
Stabilization of denuded areas and soil stockpiles. Permanent
or temporary soil stabilization must be applied to denuded areas within
15 days after final grade is reached on any portion of the site. Soil
stabilization must also be applied within 15 days to denuded areas
which may not be at final grade but will remain dormant (undisturbed)
for longer than 60 days. Soil stabilization refers to measures that
protect soil from the erosive forces of raindrop impact and flowing
water. Applicable practices include vegetative establishment, mulching,
and the early application of gravel base on areas to be paved.
(vi)
Sediment basins, debris basins, desilting basins,
silt traps or filters shall be installed and maintained to remove
sediment from runoff waters from land undergoing development.
(vii)
Timing and stabilization of sediment trapping
measures. Sediment basins and traps, perimeter dikes, sediment barriers
and other measures intended to trap sediment on-site must be constructed
as a first step in grading and must be made functional before upslope
land disturbance takes place. Earthen structures such as dams, dikes,
and diversions must be seeded and mulched within 15 days of installation.
(viii)
Stabilization of waterways and outlets. All
on-site stormwater conveyance channels shall be designed and constructed
to withstand the expected velocity of flow from a 10-year frequency
storm without erosion. Stabilization adequate to prevent erosion must
also be provided at the outlets of all pipes and paved channels.
(ix)
Storm sewer inlet protection. All storm sewer
inlets which are made operable during construction shall be protected
so that sediment-laden water will not enter the conveyance system
without first being filtered or otherwise treated to remove sediment.
(x)
Working in or crossing watercourses. Construction vehicles should
be kept out of watercourses to the greatest extent possible. Where
in-channel work is necessary, precautions shall be taken to stabilize
the work area during construction to minimize erosion. The channel
(including bed and banks) must be restabilized immediately after in-channel
work is completed.
(xi)
Stormwater management criteria for controlling
off-site erosion. Provisions shall be made to accommodate the increased
runoff caused by changed soil and surface conditions during and after
development. Drainageways shall be designed so that the final gradients
and the resultant velocities of discharges will not create additional
erosion.
(xii)
Underground utility construction. The construction
of underground utility lines involving installation, maintenance or
repair which disturbs more than 10,000 square feet shall be subject
to the following criteria:
[a]
No more than 500 feet of trench are to be opened
at one time.
[b]
Where consistent with safety and space consideration,
excavated material is to be placed on the uphill side of trenches.
[c]
Trench dewatering devices shall discharge in a
manner that will not adversely affect flowing streams, drainage systems,
or off-site property.
(xiii)
Construction access routes. Wherever construction
vehicle access routes intersect paved public roads, provisions shall
be made to minimize the transport of sediment (mud) by runoff or vehicle
tracking onto the paved surface. Where sediment is transported onto
a public road surface, the roads shall be cleaned thoroughly at the
end of each day. Sediment shall be removed from roads by shoveling
or sweeping and transported to a sediment control area. Street washing
shall be allowed only after sediment is removed in this manner.
(xiv)
Disposition of temporary measures. All temporary
erosion and sediment control measures shall be disposed of within
30 days after final site stabilization is achieved or after the temporary
measures are no longer needed, unless otherwise authorized by Woodstown
Borough Planning/Zoning Board. Trapped sediment and other disturbed
soil areas resulting from the disposition of temporary measures shall
be permanently stabilized to prevent further erosion and sedimentation.
(xv)
Maintenance. All temporary and permanent erosion
and sediment control practices, aesthetics and the requirements of
continuing maintenance shall be considered.
(xvi)
Aesthetics. Erosion and sediment control practices
must be maintained and repaired as needed to assure continued performance
of their intended function.
(3)
Filling and grading.
(a)
Objectives. To provide for the proper use of land and to remove
the dangers caused by soil erosion, filling operations, the stripping
of soil and alteration to the natural contour of earth as it presently
exists in the Conservation Area Overlay District. To avoid the depletion
of trees, soil and natural vegetation damage to agricultural crops,
and depreciation in value of and physical damage to properties adjacent
to such dangers.
(b)
Exempt properties and uses. The following uses shall be exempt
from the provisions of this subsection:
(i)
Any filling or grading operation where a building permit has
been duly issued, provided that it is limited in area and bulk to
that strictly essential for, and limited to the extent of, the foundation,
walls, and basement of such building or for the construction of a
wall, driveway, sidewalk, swimming pool, service connections or other
structure or underground tank, and which is actually replaced by a
basement foundation, wall, swimming pool, tank or other underground
structure, does not involve any change in the existing grade and contour.
(ii)
Any filling or grading operation, which shall
constitute repair, maintenance or resurfacing of an existing sidewalk,
walk or driveway, provided that such sidewalk, walk or driveway is
not enlarged or extended.
(iii)
Nothing in this section shall be construed as
to prevent the owner or occupant of a premises used as a residence
from placing or moving topsoil for lawn maintenance or repair or for
landscaping purposes, provided that no power tools are used other
than a garden tractor not exceeding six horsepower.
(c)
Findings. The Borough of Woodstown Planning/ Zoning Board shall
make the following findings before approving any development involving
grading and filling:
(i)
The work will not interfere with surface drainage, endanger
any street, road, highway or municipal facility or interfere with
support or drainage of adjoining properties.
(ii)
The property can be restored and rehabilitated
so that it will not cause soil erosion, drainage problems or create
disturbance of land in conflict with the established purposes of this
section.
(iii)
The work or its results will not cause substantial
traffic hazards, vibrations, noise, dust or sand.
(iv)
The work or its results shall conform to the natural
topography of land and will not change the character of the Conservation
Area Overlay District.
(v)
The period of time and the methods for the completion of the
work are reasonable.
(vi)
Accessibility of the property involved in the
application to fire and police protection; access of light and air
to the property and to adjoining properties; traffic conditions; transportation
requirements and facilities; the general safety, health, peace, comfort
and general welfare of the community at large; and whether the location
and size of the proposed use, the nature and intensity of the operations
involved, the size of the site in relation to the use, the location
of the site with respect to existing or future streets giving access
to it and parks and drainage systems shall be such that it will be
in harmony with the Comprehensive Plan and Zoning Law of the Borough
of Woodstown.
(vii)
Operations in connection with any use shall not
be more objectionable to nearby properties by reason of noise, fumes,
vibration or lights than would be the operations of any use permitted
by right.
(viii)
No filling operation shall be conducted which
results in the deposit of topsoil, earth, sand, gravel, rock or other
substance which will interfere with any natural watercourse or the
natural drainage of the property; and at the termination of the permit,
the premises shall be roughly graded and, if necessary, other provisions
made of a permanent nature so that the natural drainage shall be fully
restored.
(ix)
There shall be no interference with existing drainage,
nor shall the filling operation divert or cause water to collect on
the property of others or interfere with or overload any existing
or planned drainage facilities, endanger any road, street or highway
or produce or enlarge areas from which water will not drain. Provisions
shall be made for the temporary drainage to be effective upon completion
of the operation.
(d)
Conditions. The Planning/Zoning Board is authorized to impose,
in granting approval, the following conditions:
(i)
The establishment of the permitted period of time for the completion
of the work.
(ii)
The establishment of hours and days of operation,
taking into account the nature of the area in which the work is to
be performed.
(iii)
The construction of fencing and other safety
precautions, specifying the height and type of fencing or precaution
and the location of the same.
(iv)
The maximum slope and depth of any fill and the
height and slope of any material moved or removed. All excavations
and all conformations resulting from grading and filling operations
shall be drained so there shall be no water or pools gathering in
the bottom of such property.
(v)
The provisions of access roads or other adequate means of access
or ingress shall have a surface satisfactory to the Woodstown Borough
Planning/Zoning Board.
(vi)
The establishment of the minimum horizontal distance
from any public road or highway or from any work to be performed.
(vii)
The execution of a payment and performance bond
or cash deposit in the amount sufficient to secure the rehabilitation
of the site and/or to guarantee the faithful performance of the work
in accordance with the approval of the permit and all ordinances,
laws and regulations of the Borough of Woodstown and all plans and
specifications filed with the application for the permit. Such bond
shall be approved by the Borough of Woodstown Attorney as to form
and manner of execution and sufficiency of sureties and shall run
for the same term as the term of the approval. Default on such bond
or deposit shall be declared by the Woodstown Borough Planning/Zoning
Board upon recommendation of the Borough Engineer.
(viii)
Such other considerations or requirements as
the Borough of Woodstown Planning/Zoning Board in its discretion shall
determine to be necessary for the protection of health, safety and
welfare of the public.
(4)
Natural resource extraction (i.e. mining, excavation, timber
removal).
(a)
Objectives. To provide for the proper use of land and to mitigate
the dangers caused by soil erosion, filling operations, excavations
in the ground, sand and gravel excavation, the removal of trees, the
stripping of soil and alteration to the natural contours of the earth
as it presently exists in the Conservation Overlay District. To avoid
the depletion of trees, soil and natural vegetative cover and the
depreciation in value of and physical damage to properties adjacent
to such dangers.
(b)
Natural resource removal/extraction is prohibited in this zone.
(c)
Exemptions. The following properties and uses shall be exempt
from the provisions of this section:
(i)
Any excavation incidental to public highway construction or
maintenance.
(ii)
A single parcel of property located in a residential
zoning district which is owned and occupied by the same family unit
and which is incapable of being further subdivided into two or more
valid conforming lots pursuant to the Zoning Law for the district
in which the property is located, provided that the Planning/ Zoning
Board determines that there is no existing or potential danger to
adjoining properties by virtue of fill or excavation operations.
(iii)
Any excavation or filling operation in connection
with a subdivision or site plan which has been duly approved by the
Planning/Zoning Board and which makes specific provisions for grading,
contouring and drainage in the manner deemed by the Planning/Zoning
Board appropriate to carry out the purposes and intent of this section.
[Added 4-25-06 by Ord. No. 2006-629]
A.
General approval procedures. If not otherwise required for the approval
of the development, the applicant shall submit the following information:
(1)
The location of the Conservation Area District boundaries.
(2)
The location of all existing and proposed drainage patterns,
swales, drainageways, drainage structures, including agricultural
field tiles/drains, etc., within and/or adjacent to the property.
(3)
The location of critical wildlife habitat and a listing of wildlife
species that utilize the habitat.
(4)
The location of any other critical natural resources that have
been identified upon designation of the Conservation Overlay Area.
B.
Development approval on land located in proximity to wetlands, water bodies, and watercourses. In addition to the information requested in Section 67-39.2A, the application shall include:
(1)
A plat drawn to scale showing the wetland boundary as determined
by a documented field survey, including the location of all existing
and proposed watercourses, drainageways, and storm water facilities.
The plat shall also show the buffer area boundaries;
(2)
A description and map of the wetland area that will be affected
by the proposed activity. This documentation must also include a map
of the entire wetland, an assessment of the wetland's functional characteristics
and water sources, and a description of the vegetation types and fish
and wildlife habitat;
(3)
A description and map of soil types in the proposed development
area and the locations and specifications for all proposed draining,
filling, grading, dredging and vegetation removal, including the amounts
and methods;
(4)
A study of any flood hazard, erosion hazard, or other natural
hazards in the proposed development area and any prospective measures
to reduce such hazards;
(5)
Detailed mitigation plans if required;
(7)
Approval criteria. In determining approval, the Borough of Woodstown
Planning/Zoning Board shall consider the following:
C.
Development approval for land located in aquifers. In addition to the information required in Section 67-39.2A, the application shall include:
(1)
A hydrologic analysis of the property. The purpose of the report
is to demonstrate whether the proposed use will result in any degradation
or contamination of groundwater. Such analysis shall be prepared by
a qualified hydrologist at the expense of the applicant. Such analysis
shall include:
(a)
Identification of the nature and importance of the groundwater
supply and recharge aspects of the individual property upon which
the use is proposed.
(b)
Aquifer flow characteristics, including a delineation of the
primary recharge area, a distribution of transmissivity and details
of the hydrologic budget, including natural and manmade sources of
recharge and withdrawal.
(c)
Description of the water table level.
(d)
Establishment of a groundwater protection plan which shall be
implemented as part of the use. The plan, and its implementation at
the time of establishment of the use, shall be such that it will mitigate
any reasonable possibility of degradation or contamination of the
groundwater designated for protection. Particular design features
to mitigate the water quality impacts of first-flush runoff from paved
surfaces shall be included in the groundwater protection plan.
(e)
A showing that the use together with the implementation of the
groundwater protection plan, will not result in a violation of the
Federal and New Jersey State Drinking Water Standards. The location
of measurement/ testing is to be in the groundwater within the downgradient
property line.
(f)
An analysis of installation and/or extension of public or community
sanitary sewer system as a mitigation measure and as an alternative
to septic systems.
(2)
Approval criteria. In determining approval, the Borough of Woodstown
Planning/Zoning Board shall consider the following:
(a)
The type of use and the area in which the use is proposed.
(b)
The amount of vegetation that would be lost.
(c)
The degree of threat to groundwater quality caused by the proposed
use including the degree of soil compaction reducing the ability of
the aquifer to store water.
(d)
The Borough of Woodstown Planning/Zoning Board may attach conditions
to a permit to insure the protection of groundwater quality.
(3)
Prohibited uses in aquifer and recharge areas.
(a)
The disposal, storage or treatment of hazardous material and
solid or liquid waste material, except the storage of such hazardous
material in sealed containers for retail sale or for normal household
use.
(b)
Dry wells directly connected to any floor drain, garage drain,
wash basin or sink.
(c)
Disposal of septic or sewage sludge or ash.
(d)
Any storage of materials, which is found by the Borough of Woodstown
Planning/Zoning Board, to have the potential to contaminate or degrade
groundwater resources.
D.
Development approval for land located in floodplains.
(1)
In addition to the information required in Section 67-39.2A, the application shall include:
(a)
The elevation, in relation to mean sea level, of the proposed
lowest floor, including the basement or cellar of all structures.
(b)
A certificate from a licensed professional engineer or architect
that the utility floodproofing will meet the floodproofing criteria.
(c)
A certificate from a licensed professional engineer or architect
that the nonresidential floodproofed structure will meet the floodproofing
criteria.
(d)
A description of the extent to which any watercourse will be
altered or relocated as a result of the proposed land use or development.
(e)
Any such other information and technical data as the Borough
of Woodstown Planning/Zoning Board may require.
(2)
Approval criteria. In determining approval, the Borough of Woodstown
Planning/Zoning Board shall consider the following:
(a)
The type of use and area in which it is proposed.
(b)
The amount of vegetation that would be lost.
(c)
The degree of threat to loss of critical habitat and wildlife
species.
(d)
The alteration of the natural characteristics of the floodplain.
(e)
Whether proposed building sites will be reasonably safe from
flooding.
(f)
Whether proposed development in an area of special flood hazard
may result in physical damage to any other property (e.g., stream
bank erosion and increased flood velocities).
(g)
All necessary permits have been received from those governmental
agencies from which approval is required by state or federal law.
E.
Development approval on land located on steep slopes.
(1)
In addition to the information required in Section 67-39.2A the application shall include:
(a)
The location of the proposed area of disturbance and its relationship
to property lines, easements, buildings, roads, walls and wetlands,
if any, within 50 feet of the boundaries of said area.
(b)
Proposed final contours at a maximum contour interval of two
feet, locations of proposed structures, underground improvements,
and proposed surface materials or treatment.
(c)
Existing topography of the entire watershed tributary to the
proposed area of disturbance, presented at a scale of not more than
one hundred (100) feet per inch. An insert map at a scale of not more
than 2,000 feet per inch may be used to show the entire watershed,
if needed. This map shall show existing and proposed controls and
diversions of upland water.
(d)
A soils and slopes map indicating existing soils on the property,
based on USDA Natural Resource Conservation Service soils surveys.
The depth of bedrock and depth to water table shall be identified
in all areas of disturbance. Generalized slope areas for slopes zero
to fifteen percent (0%—15%), fifteen to twenty-five percent
(15%—25%), and greater than 25% shall be delineated. This map
shall be drawn on a topographic base map.
(e)
The details of any surface or subsurface drainage systems proposed
to be installed including special erosion control measures designed
to provide for proper subsurface drainage, both during the performance
of the work and after its completion.
(f)
Any special reports deemed necessary by the Borough of Woodstown
Planning/Zoning Board to evaluate the application, including but not
limited to detailed soils, geologic or hydrogeologic studies.
(g)
A written narrative explaining the nature of the proposal, including
any future development anticipated for the property and whether alternative
locations exist for the proposed activity.
(2)
Approval criteria. In determining approval, the Borough of Woodstown
Planning/Zoning Board shall consider the following:
(a)
The stable angle of repose of the soil classes found on the
site have been used to determine the proper placement of structures
and other development within the steep slope area.
(b)
The stability of soils will be maintained or increased to adequately
support any construction thereon, or to support any landscaping, agricultural,
or similar activities.
(c)
No proposed activity will cause erosion or slipping of soil,
or cause sediment to be discharged into wetlands, watercourses or
water bodies.
(d)
Plant life located on the slopes outside of the minimum area
that needs to be disturbed for carrying on approved development shall
not be destroyed. Plants or other acceptable ground cover shall be
reestablished in the disturbed area immediately upon completion of
development activities to maintain the natural scenic characteristics
of any steep slope.
(e)
Access down steep slopes shall be provided with ramp slopes
no greater than 1:16 and side slopes no greater than 1:3 if not terraced
or otherwise structurally stabilized. Disturbed nonroadway areas shall
be stabilized and adequately drained.
(f)
Construction of erosion protection
structures, particularly along the water side of eroding bluffs, shall
provide protection of bluff features according to the following standards:
(i)
All erosion protection structures shall be designed and constructed
according to general accepted engineering principles found in publications
of the U.S. Natural Resource Conservation Service.
(ii)
The construction, modification or restoration of erosion protection
structures shall not be likely to cause any measurable increase in
erosion at the development site or other locations and prevent adverse
effects to natural protective features, existing erosion protection
structures, and natural resources such as significant fish and wildlife
habitats.
(iii)
Drainage of stormwater shall not cause erosion or siltation,
contribute to slope failure, pollute groundwater, or cause damage
to, or flooding of property. Drainage systems shall be designed and
located to ensure slope stability.
(iv)
Any grading, excavating or other soil disturbance conducted
on a steep slope shall not direct surface water runoff over the receding
edge during construction.
(v)
There is no reasonable alternative for the proposed regulated development
on that portion of the site not containing steep slopes.
F.
Development approval on land located in woodlands and forests (as defined in Section 67-39.1H(5)).
(1)
In addition to information requested in Section 67-39.2A, the application shall include:
(a)
Boundaries of woodland areas, forests, and stands of trees.
(b)
Limits of proposed clearing for right of ways, utility easements,
building sites, access roads and drainage areas.
(c)
Method of providing positive drainage in any proposed tree wells
or acres where drainage patterns will be modified.
(d)
Proposed grade changes in or around treed areas.
(e)
Determine areas where tree preservation methods are to be intensified
or where stands of trees will be left untouched.
(f)
Demonstrate that as much of the original site vegetation, including
understory, brush and shrubs, will be preserved.
(2)
Approval criteria. In determining approval, the Borough of Woodstown
Planning/Zoning Board shall consider the following:
(a)
Preservation of all trees eight inches or greater. Trees less
than eight inches are preserved if such trees have a significant aesthetic
value or removal would excessively alter drainage or affect the stability
of slopes.
(b)
Protective barriers are installed around trees and understory
prior to the start of any development that may adversely affect vegetation.
(c)
Proposed development will not affect soil stability or rate
of surface water runoff.
(d)
Existing drainage systems are maintained.
(e)
The natural characteristics of the wooded areas are preserved
and maintained by ensuring that forest practice activities such as
road and trail construction, timber harvesting, thinning, reforestation,
fertilization, prevention and suppression of diseases and insects,
salvage of trees and brush control will not have an adverse impact
on wooded areas.
G.
Development approval for wildlife and habitat.
(1)
In addition to the information required in Section 67-39.2A, the application shall include:
(a)
The location of the proposed site in relation to critical habitat
for endangered, threatened, and regionally declining species.
(b)
The nature and intensity of the proposed use or activity.
(c)
A survey of all wildlife species found on property and the habitat
they require to remain viable.
(d)
A description of the nature, density and intensity of the proposed
use or activity in sufficient detail to allow analysis of such land
use change upon identified wildlife habitat.
(e)
An analysis of the effect of the proposed use or activity upon
significant fish and wildlife species and their habitats.
(f)
A plan that explains how the applicant
will avoid, minimize or mitigate adverse impacts to fish and/or wildlife
habitats created by the proposed use or activity. These mitigation
measures may include but are not limited to:
(i)
Establishment of buffer areas;
(ii)
Preservation of critical habitat;
(iii)
Limitation of access to habitat areas;
(iv)
Seasonal restriction of construction activities;
(v)
Clustering of development and preservation of open spaces;
(vi)
Signs marking habitats and habitat buffer areas;
(vii)
Conservation easements.
(2)
Approval criteria. In determining approval, the Borough of Woodstown
Planning/Zoning Board shall consider the following:
(a)
Buffer areas are designated and maintained to avoid adverse
impacts on wildlife or wildlife habitat as a result of the proposed
activity.
(b)
Wildlife corridors will be preserved and maintained to ensure
that wildlife migration patterns are not interrupted.
(c)
Ecological processes will be maintained to the greatest extent
possible by preserving and maintaining landscape linkages.
(d)
Any adverse impacts to wildlife or wildlife habitat will be
minimized or mitigated.
H.
Additional considerations and findings.
(1)
Consideration. In granting or denying approval of any development
the Borough of Woodstown Planning/Zoning Board shall consider all
relevant facts and circumstances including but not limited to the
following:
(a)
The environmental impact of the proposed action. A proposed
action that has been determined to create adverse environmental impacts
is prohibited.
(b)
The alternatives to the proposed action, including the availability
of preferable alternative locations on the subject parcel or any other
parcel under the control of the applicant.
(c)
The suitability or unsuitability of the proposed activity to
the area for which it is proposed.
(d)
The effect of the proposed activity with reference to the protection
or enhancement of the functions of conservation features and the benefits
these features provide.
(e)
The availability of further technical improvements, safeguards
or other mitigation measures that could feasibly be added to the plan
or action.
(f)
The possibility of further avoiding reduction of the critical
area's natural capacity to support desirable biological life, prevent
flooding, supply water, control sedimentation and/or prevent erosion,
assimilates wastes, facilitate drainage and provide recreation and
open space.
(2)
Findings.
(a)
Approval will be issued by the
Borough of Woodstown Planning/Zoning Board pursuant to this section
only if the applicant demonstrates that:
(i)
The proposed development is consistent with the purposes and
objectives set forth in this chapter to preserve, protect and conserve
conservation features and their ecological connections by preventing
to the maximum extent practicable the degradation and destruction
of these features.
(ii)
The proposed regulated activity is compatible
with public health and welfare.
(iii)
The proposed activity cannot practicably be relocated
on the site so as to eliminate or reduce the impacts on conservation
areas.
I.
Approval conditions.
(1)
Approval issued pursuant to this section may contain conditions
designed to assure the preservation and protection of affected conservation
areas, and compliance with the objectives of this law.
(2)
Approval issued pursuant to this section shall contain conditions
including the following:
(a)
Work conducted under approval shall be open to inspection at
any time, including weekends and holidays, by the Code Enforcement
Officer.
(b)
Approval shall expire on a specified date.
(c)
The applicant shall notify the Code Enforcement Officer of the
date on which the work is to begin, at least five days in advance
of such date.
(3)
Conditions may include but shall not be limited to the following:
(a)
Limitations on the total portion of any lot or the portion of
the conservation characteristic on the lot than may be adversely impacted.
(b)
Setbacks for structures, filling, grading, or otherwise modifying
a conservation area.
(c)
Modifications to project design to ensure continued protection
of an area or specific feature.
(d)
Replanting of vegetation or other necessary restoration activities
to replace damaged or destroyed areas.
(e)
Other alterations to the proposed development necessary to protect
the natural features of the conservation area.
(4)
Performance guarantees.
(a)
The Borough of Woodstown Planning/Zoning Board may require that,
prior to commencement of work under approval issued pursuant to this
section, the applicant shall post a performance guarantee in an amount
and with surety and conditions sufficient to secure compliance with
the conditions and limitations set forth in the permit. The particular
amount and the conditions of the performance guarantee shall be consistent
with the purposes of this section. The performance guarantee shall
remain in effect until the Code Enforcement Officer certifies in writing
that the work has been completed in compliance with the terms of the
approval and the performance guarantee is released by the approval
Borough of Woodstown Planning/Zoning Board, or until a substitute
performance guarantee is provided. In the event of a breach of any
condition of any permit, the Borough of Woodstown Planning/ Zoning
Board may act to obtain and make appropriate use of the proceeds of
the performance guarantee.
(b)
The Borough of Woodstown Planning/Zoning Board shall set forth
in writing in the file it keeps regarding an application its findings
and reasons for imposing a performance guarantee pursuant to this
section.
J.
Penalties for offenses.
(1)
Administrative sanctions.
(a)
Damages. Any person who undertakes any activity regulated by
this section without approval issued hereunder, or who violates, disobeys
or disregards any provision of this section shall be liable to the
Borough of Woodstown for civil damages caused by such violation. Each
consecutive day of the violation will be considered a separate offense.
Such civil damages may be recovered in an action brought by the municipality
at the request and in the name of the Borough of Woodstown Planning/
Zoning Board in any court of competent jurisdiction.
(b)
Restitution. The Borough of Woodstown Planning/Zoning Board
shall have the authority to direct the violator to restore the affected
conservation area to its condition prior to violation, insofar as
that is possible, within a reasonable time and under the supervision
of the Code Enforcement Officer. Further, the Borough of Woodstown
Planning/Zoning Board shall have the authority to require an adequate
performance guarantee in a form and amount deemed necessary by the
Borough of Woodstown Planning/Zoning Board to ensure the restitution
of the affected conservation area.
(c)
Stop-work order; revocation of
permit. In the event that any person having approval issued pursuant
to this section fails to comply with any of the conditions or limitations
set forth in the approval, exceeds the scope of the activity as set
forth in the application or operates so as to be materially detrimental
to the public welfare or injurious to a conservation area, the Borough
of Woodstown Planning/Zoning Board may suspend or revoke the approval
as follows:
(i)
Suspension of approval shall be by a written stop-work order
issued by the Code Enforcement Officer and delivered to the permittee.
The stop-work order shall be effective immediately, shall state the
specific violations cited and shall state the conditions under which
work may be resumed. A stop-work order shall have the effect of suspending
all authorizations and permits granted by the Borough of Woodstown
Planning/Zoning Board. The stop-work order shall remain in effect
until the Borough of Woodstown Planning/Zoning Board is satisfied
that the applicant has complied with all terms of approval or until
a final determination is made by the Borough of Woodstown Planning/Zoning
Board as provided in Subsection J(1)(c)(ii) immediately below.
(ii)
Public hearing; notice; determination. (1) No
site development approval shall be permanently suspended or revoked
until the Borough of Woodstown Planning/ Zoning Board holds a public
hearing. Written notice of such hearing shall be served on the permittee,
either personally or by registered mail, and shall state:
[a]
The grounds for complaint or reasons for suspension
or revocation.
[b]
The time and place of the hearing to be held.
[c]
Such notice shall be served on the applicant at
least one week prior to the date set for the public hearing unless
the stop-work order is issued for a violation occurring less than
one week before the regularly scheduled public meeting of the Borough
of Woodstown Planning/ Zoning Board. At such hearing, the applicant
shall be given an opportunity to be heard and may call witnesses and
present evidence on his behalf. At the conclusion of the hearing,
the Borough of Woodstown Planning/Zoning Board shall determine whether
approval shall be reinstated, suspended or revoked.
(2)
Other sanctions. Any person convicted of having violated or
disobeyed any provision hereof, any order of the Borough of Woodstown
Planning/Zoning Board or any condition duly imposed in development
approval granted pursuant to this section, for the first offense shall
be punished by a fine of not less than $1,000 per day of offense.
Each subsequent offense shall be punishable by a fine of not less
that two thousand dollars ($2,000) per day. Each consecutive day of
the violation shall be considered a separate offense.
K.
Enforcement The Borough of Woodstown is specifically empowered to
seek injunctive relief restraining any violation or threatened violation
of any provisions hereof and/or to compel the restoration of the affected
conservation area to its condition prior to the violation of the provisions
of this law.
M.
Inspection.
(2)
The area may also be inspected periodically by the Code Enforcement
Officer for compliance with an approved restoration plan, excessive
or potentially problematic erosion, hazardous trees, or at any time
when the presence of an unauthorized activity or structure is brought
to the attention of municipal officials.
N.
Conservation area management.
(1)
Management plan.
(a)
Within any identified conservation area district, no construction,
development, use, activity, or encroachment shall be permitted unless
the effects of such development are accompanied by the submission
of an approved conservation area management plan.
(b)
The landowner or developer shall submit to the Borough of Woodstown
Planning/Zoning Board a conservation area management plan prepared
by an ecologist, landscape architect, engineer, or other qualified
professional, which fully evaluates the effects of any proposed uses
on the conservation area. The management plan shall identify the existing
conditions, all proposed activities, and all proposed management techniques,
including any measures necessary to offset disturbances.
O.
General provisions.
(1)
In order to carry out the proposed provisions hereof, and in
addition to the powers specified elsewhere in this section, the following
general provisions shall apply:
(a)
Indemnification. The property owner and applicant, by making
an application for approval, shall indemnify and hold the Borough
of Woodstown harmless against any damage or injury that may be caused
by or arise out of any entry onto the subject property in connection
with the processing of the application, during proposed work, or within
one year after completion of the work.
(b)
Conflicts. Wherever this section is inconsistent with any other
law of the Borough of Woodstown, whichever law imposes the more stringent
restriction shall prevail.
(c)
Severability. The provisions and subsections of this section
shall be deemed to be severable, and the invalidity of any portion
of this section by a court of competent jurisdiction shall not affect
the validity of the remainder of this section.
(d)
Cease and desist order. The Code Enforcement Officer is authorized
to issue a cease and desist order to any landowner, contractor or
their agent who is engaged in any activity on the land that may have
a significant impact on any critical resources designated in this
section. When such an order has been issued, the landowner must not
resume the activity until approval has been issued by the Borough
of Woodstown Planning/Zoning Board which shall cause the Borough of
Woodstown Planning/ Zoning Board to make all the findings, apply all
standards and consider all relevant approval criteria as contained
in this section.
(e)
Waiver. The Borough of Woodstown Planning/Zoning Board charged
with the implementation of these provisions may waive them when reasonable
with regard to any development proposal submitted for its approval
or any permit requested to which these standards are applicable. The
applicant must demonstrate, by presenting clear and convincing evidence,
that the application of the particular standard or standards requested
to be waived will cause a unique and serious hardship to the applicant.
Before such a waiver may be granted, the Borough of Woodstown Planning/Zoning
Board must find that the waiver it is granting is the minimum needed
to relieve the demonstrated hardship and that the natural resources
protected by these standards will be impacted as minimally as possible
by the waiver.
P.
Effective date. This section shall become effective immediately upon
publishing and posting as required by law.
[Added 2-28-08 by Ord. No. 2008-2]
A.
Purpose. The IR Zoning District is established to allow for the development
of a mix of market and low- and moderate-income housing within the
Borough of Woodstown which provides housing opportunities consistent
with smart growth principles. The adoption of the IR Zone was conceived
in the context of an overall strategy for growth and conservation,
with the provision of a higher density development in the IR Zone
related to the preservation of lands in the Conservation Overlay Zone.
C.
Permitted accessory uses.
(1)
Off-street parking.
(2)
Common recreational facilities to benefit all residents in a
development.
(3)
Detached garages.
(4)
Trash and recyclables enclosures.
(6)
Storage sheds.
(7)
Fences and walls, up to six feet in rear and side yards, not
permitted in front yards.
(8)
Signs subject to this chapter.
D.
Bulk and area regulations.
(1)
Bulk and area requirements are as follows:
|
Semi-Detached twins
|
Townhouses
| |
|---|---|---|
|
Maximum gross density
|
6 du/acre
|
10 du/acre
|
|
Minimum tract frontage on public street
|
200 feet
|
200 feet
|
|
Minimum common open space
|
15%
|
15%
|
|
Minimum individual lot size
|
3,000 square feet per unit
|
1,200 square feet per unit
|
|
Minimum lot width for individual lot or unit
|
30 feet
|
Minimum 60% of units 20 feet Remaining may be 16 feet
|
|
Minimum lot depth
|
90 feet
|
75 feet
|
|
Minimum front yard setback from property line or curbline
|
15 feet
|
15 feet*
|
|
Minimum side yard setback
|
0 feet one side
10 feet one side
|
0 feet
10 feet end units
|
|
Minimum rear yard setback
|
20 feet
|
20 feet or
10 feet where garage access is from the rear and an alley is
present
|
|
Maximum lot coverage
(individual lots)
|
75%
|
n/a
|
|
Maximum lot coverage
(overall tract)
|
n/a
|
60%
|
|
Maximum building height
|
35 feet
|
40 feet
|
|
Maximum building length
|
n/a
|
8 units or 160 feet
|
|
*Porches, entryways, stairs and other building features may
encroach into the front yard area.
|
(2)
Parking requirements are as follows:
(a)
The number of spaces per unit shall be consistent with the standards
set forth in the New Jersey Residential Site Improvement Standards.
(b)
Parking lots, drive aisles, and new roads must be set back a
minimum of 25 feet from county or state roads.
(c)
Parking areas and drive aisles must be set back a minimum of
10 feet from side and rear property lines.
(d)
Structures must be set back a minimum of 10 feet from parking
areas, drive aisles and roads.
(e)
A 25 foot wide perimeter buffer is required around the entire
tract (roads and access may cross the buffer area in a perpendicular
manner and storm water basins may be within 15 feet of the property
boundary).
E.
Requirements pertaining to development within the IR Inclusionary
Residential Development.
[Amended 10-26-2021 by Ord. No. 2021-12]
(1)
No residential dwelling units shall be constructed with the IR District unless a minimum of 15% of the total number of housing units are subsidized or otherwise made affordable to low- and moderate-income households as defined in § 67-5.
(2)
All affordable housing units must be made affordable and maintained
in accordance with the Uniform Housing Affordability Controls (N.J.A.C.
5:80-26.1 et seq.) and must contain the required restrictive covenants
and deed restrictions, inclusionary development (N.J.A.C. 5:93-7),
affordability controls (N.J.A.C. 5:93-9), affirmative marketing (N.J.A.C.
5:93-11) and monitoring (N.J.A.C. 5:93-12).[1]
[1]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October
16, 2016.
(3)
Any bonus units which may result from the creation of rental
housing shall accrue to the benefit of the Borough of Woodstown and
shall not be used to reduce the applicant's affordable housing obligation.
(4)
All master deeds, covenants, restrictions, easements, homeowners
association documents, including bylaws and similar documents shall
be subject to the review and approval of the Planning Board and its
experts before they are filed, recorded or take effect.
(5)
Presumptive densities and set-asides. To ensure the efficient
use of land through compact forms of development and to create realistic
opportunities for the provision of affordable housing, the inclusionary
zone permits minimum presumptive densities and presumptive maximum
affordable housing set-asides as follows. Woodstown Borough is a town
center with Planning Area 4; and the inclusionary Residential Zone
is intended to foster compact and well-designed development while
also providing a means to settle builder's remedy limitation.
(a)
For sale developments in the IR Inclusionary Residential Zone.
[1]
Inclusionary zoning within a sewer service area in a center
in Planning Area 4 must permit residential development at a presumptive
minimum gross density of six units per acre. The IR Zone permits a
maximum density of 10 dwelling units per acre for townhouses and six
dwelling units per acre for semi-detached units. The presumptive maximum
affordable housing set-aside shall be 20% of the total number of units
in the development, but the set-aside required by the ordinance is
15%.
F.
Design standards.
(1)
Spatial relationships between buildings, public and semi-public
spaces and other structures should be designed to relate to one another,
both functionally and visually. Features such as courtyards, greens,
pedestrian and bicycle pathways that tie the site together and connect
it to the surrounding area shall be incorporated into the site design.
The site design should reinforce street frontages, both existing and
new and main entry ways should be emphasized to create a sense of
identity. Care should be taken to relate the development to the broader
municipal context and identity while also creating a new focal point
within the community. The development should enhance a positive sense
of community, neighborhood and personal well being for the future
residents.
(2)
Conceptual architectural plans shall be submitted at the time
of preliminary approval. Elevations referencing specific dimensions
and materials shall be submitted prior to final approval.
(3)
The architectural character of each dwelling unit shall be consistent
with an overall theme, though variations among individual units are
encouraged. The development should reflect the overall character of
the Borough of Woodstown, maintaining and enhancing its unique historic
and present day role in southern New Jersey as a town center.
(4)
Buildings on corner lots and at a visual terminus shall be considered
significant structures and may be designed with additional height
and architectural embellishments to emphasize their location. Buildings
with two street frontages must be designed with architectural features
worthy of the principal facade.
(5)
Sidewalks must be provided throughout the development and pedestrian
pathways shall connect to the exterior of the site.
(6)
Streets and internal circulation drives must be connected to
each other and to other existing streets to the greatest extent possible.
(7)
A minimum of 50% of the housing units shall have a front porch
at least five feet deep.
(8)
No more than 50% of the horizontal width of the first floor
on the principal frontage may be consumed by garage doors. Rear garages
are encouraged and need not comply with the 50% of horizontal width
requirement.
(9)
A minimum of 300 cubic feet of internal storage area with a
minimum height of seven feet shall be provided for each unit within
the garage.
(10)
Refuse and recycling areas shall be provided and located for
the convenience of the residents. The storage area may be inside a
garage or storage area, or common collection areas may be established.
For storage on individual lots, sufficient space must be available
so that garbage and recycling cans are not in the public view on non-collection
days. Common collection areas shall consist of an adequately sized
masonry enclosure designed consistent with the building architecture,
a minimum of six feet in height with gates and a pedestrian access
and surrounded by evergreen trees.
(11)
One freestanding monument style sign may be installed to identify
the development on each frontage of the tract, set back a minimum
of 10 feet from the property line, outside of sight triangles, and
a maximum of 12 square feet in area and five feet in height.
(12)
Lighting must be consistent with the borough's colonial lighting
standard and designed to provide safety and security at a residential
and pedestrian scale.
(13)
In addition to other required landscaping, street trees must
be planted along the tracts frontage on county and state roads as
well as internal roads. Alleys are not required to comply with this
street tree provision.
(14)
The site plan and subdivision plan must comply with all applicable
requirements of all county and state agencies with jurisdiction.
[Added 7-9-2019 by Ord. No. 2019-6]
A.
Any lands located within the Historic District overlay shall be required to abide by the rules and regulations set forth for the underlying zone. In addition, any application shall also comply with all rules and regulations set forth in Article X, Historic Preservation, of the Code of the Borough of Woodstown.
All uses not expressly permitted in the above Schedule[1] are prohibited, including but not limited to the following:
A.
Junkyards, automobile wrecking or disassembly yards.
B.
Dumping or disposal of waste or scrap material of any kind.
C.
Above-the-ground bulk storage [more than 275 gallons] of petroleum
products or any other flammable liquids, solids or gases.
D.
Mobile homes or trailers for human habitation on individual lots.
[This prohibition shall not be deemed to preclude prefabricated or
movable homes that are to be placed on a permanent foundation and
permanently connected to all utilities. Any such premanufactured homes
shall be at least 22 feet wide and constructed in accordance with
the provisions of N.J.S.A. 40:55D-102. Any such premanufactured homes
may only be placed on a separate lot which lot is titled to the owner
of the premanufactured home.]
E.
Earth extraction or land mining.
F.
Commercial slaughterhouses.
G.
Intensive fowl or swine farms.
H.
Any use that is noxious or offensive due to odor, dust, smoke, gas,
vibration or noise or that constitutes a public hazard due to danger
of fire, explosion or the emission in any form of toxic materials.
I.
No horses or farm animals shall be housed or manure stored within
100 feet of a street or property line or permitted on lots less than
five acres in size.
J.
Campgrounds.
K.
All classes
of "cannabis establishments" (including "cannabis cultivators," "cannabis
manufacturers," "cannabis wholesalers," and "cannabis retailers"),
"cannabis distributors," and "cannabis delivery services," as such
terms are defined in Section 3 of the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act" (P.L. 2021,
c. 16) (the "Act")[2]; all medical cannabis-related land use and development,
including but not limited to medical cannabis cultivators, medical
cannabis manufacturers, medical cannabis dispensaries, and all other
"alternative treatment centers" as defined by the Act; and all other
cannabis-, medical-cannabis-, and marijuana-related land use and development,
whether recreational, medical or otherwise, and whether or not licensed
or regulated pursuant to other laws, including but not limited to
cannabis, medical cannabis, and marijuana cultivation, production,
manufacturing, testing, and sales, provided that the lawful transfer
and delivery of cannabis items, medical cannabis items, and cannabis-
and medical-cannabis-related supplies to locations within Woodstown
Borough by transfer or delivery services that are based outside of
Woodstown Borough, and the lawful possession and lawful private use
of cannabis-, medical-cannabis-, or other marijuana-related products
by persons within Woodstown Borough, shall not be prohibited. The
foregoing prohibitions have been enacted in conformance with Section
31.b. of the Act, to become effective prior to the August 22, 2021,
deadline established in Section 31.b. of the Act.
[Added 5-11-2021 by Ord. No. 2021-8]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[1]
Editor’s Note: The Schedule is included as an attachment to this chapter.
No use or occupancy of any dwelling, structure or land shall
hereafter be changed to a different use or occupancy and no building
or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless in conformity
with all of the regulations herein specified for the district in which
it is located, except as hereinafter provided.
A.
No building or other structure shall hereafter be erected or altered
to exceed the height, to accommodate or house a greater number of
families, to occupy a greater percentage of the area or to have a
narrower or smaller rear yard, front yard, side yard or other open
spaces than are herein provided or in any other manner contrary to
the provisions of this Part 3, except as hereinafter provided.
B.
Contiguous lots. If two or more lots or combinations of lots or portions
of lots with contiguous frontage in single ownership are of record
at the time of passage or amendment of this Part 3 and if all or part
of the lots do not meet the requirements for lot width and area as
established in this Part 3, the lands involved shall be considered
to be an undivided parcel for the purpose of the Part 3, and no portion
of said parcel shall be used or sold which does not meet lot width
and area requirements established by this Part 3, nor shall any division
of the parcel be made which leaves remaining any lot with width or
area less than the requirements stated in this Part 3.
C.
Corner lots. Building setback lines for a corner lot shall be the
same as required on the adjoining lot along either block.
D.
Existing lots. A lot failing to meet the district requirements for
area or width and which is demonstrated to have been of public record
and not of contiguous frontage with other lots in the same ownership
at the time of enactment of this Part 3 may be used for a permitted
use in the district in which it is located only upon the issuance
of a variance by the approving authority after public hearing and
a showing by the applicant that he cannot reasonably obtain additional
space to meet Part 3 requirements. Any variance granted shall constitute
the minimum adjustment necessary to permit the reasonable use of the
lot.
E.
Front yard requirement modifications.
(1)
Where a lot has frontage upon a county road proposed for right-of-way
widening on the Master Plan or Official Map of the County of Salem,
the required front yard depth shall be measured from and parallel
to the proposed right-of-way line, measured at a right angle to the
closest corner of the structure, unless the existing street line is
a greater distance from the road center line.
(2)
Where a lot has frontage on any road where the street line is less
than 25 feet, measured at a right angle from the center line of the
road, the required front yard depth shall be measured from a line
parallel to and at that distance from the center line.
F.
Irregularly shaped lots. In the case of irregularly shaped lots on
culs-de-sac or curved street sections, the minimum lot width specified
in the Schedule of District Regulations[1] shall be measured at the building setback, provided that
in no case shall the distance between side lot lines at the street
line be reduced to less than 75% of the minimum lot width requirement.
[1]
Editor's Note: The Schedule is included as an attachment to this chapter.
G.
Overlapping required space. No part of a yard or other open space
or off-street parking or loading space required about or in connection
with any buildings, for the purpose of complying with this Part 3,
shall be included as part of a yard, open space or off-street parking
or loading space similarly required for any other building.
H.
Yard reduction. No yard or lot existing at the time of passage of
this Part 3 shall be reduced in size or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this Part 3 shall meet at least the minimum requirements as established
in this Part 3.
I.
Uniformity. Within each district, the regulations set forth by this
Part 3 shall be minimum regulations and shall apply uniformly to each
class or kind of structure or land.
J.
Public street frontage. All parcels shall have frontage on a public
street.
[Amended 11-23-1993 by Ord. No. 467]
K.
Height extensions. All buildings and structures shall be subject
to height limitations specified in the Schedule of District Regulations,[2] except spires, belfries, silos, domes, cupolas, scenery
lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses,
water tanks, towers, antennas, skylights, bulkheads and similar decorative
features and necessary mechanical appurtenances usually carved above
roof level, provided that the following requirements are met:
(1)
The total horizontal area covered by such features shall not exceed
20% of the area covered by the principal building. Agriculture buildings
shall not be subject to the horizontal area limitation.
(2)
The excess height of any structure shall not be greater than the
shortest distance from such structure to any required yard, nor shall
the total height exceed twice the building height limitation in the
district in which it is located.
(3)
The foregoing do not pertain to radio, television and microwave transmission
towers and associated right-of-way widths and properties which are
to be determined by standards in the National Electric Safety Code.
[2]
Editor's Note: The Schedule is included as an attachment to this chapter.
L.
Projections. Building projections, including bays, chimneys, cornices
and gutters, may extend into required yard areas for a distance not
to exceed five feet and shall not be located within 10 feet of any
property line.
M.
Minimum gross habitable floor area. The minimum gross habitable
floor area for an occupied residential structure is detailed below.
These standards are the minimum based upon general welfare and public
health considerations. These guidelines shall not supersede any other
health, safety or housing guidelines that may relate to square footage
requirements as required for the total number of occupants.
[Amended 11-23-1993 by Ord. No. 467]
(1)
A minimum of 500 square feet of habitable floor area is required
for an apartment converted from a house in existence as of November
1, 1993.
(2)
A minimum of 750 square feet of habitable floor area for each dwelling
unit is required for a new multifamily dwelling.
(3)
A minimum of 960 square feet of habitable floor area is required
for a single-family dwelling.
[Added 7-24-07 by Ord. No. 2007-10]
A.
Any nonconforming structure or use lawfully existing as of May 12,
1986, may be continued with the following limitations:
[Amended 11-23-1993 by Ord. No. 467]
(1)
A nonconforming use shall terminate upon abandonment at any time,
which shall be presumed when the actual conduct of a nonconforming
use is discontinued for a period of 12 consecutive months for any
reason or is resumed for less than one month within a year. The structure,
premises or structure and premises in combination, as the case may
be, shall not thereafter be used except in conformance with the regulations
of the district in which it is located.
(2)
A nonconforming use shall not be enlarged, extended, moved to a different
position on the lot or structurally altered in any way, except as
may be required for normal maintenance or to prevent damage or injury.
A preexisting, nonconforming use in a structure may be changed to
a use permitted in the district in which it is located.
(3)
A nonconforming structure shall not be enlarged or altered in a way
which increases the nonconformity and shall not be moved any distance
whatever unless it will thereafter conform to the regulations of the
district in which it is located.
B.
An application may be made to the Zoning Board of Adjustment[1] for relief if a nonconforming structure or use is not permitted to be continued based upon the conditions listed in Subsection A of this section if warranted by hardship or special reasons. Such application shall conform to the procedures listed in § 67-25 of this chapter.
[1]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board
of Adjustment was eliminated and its functions combined with that
of the Planning Board.
C.
A nonconforming building, wholly or partially destroyed by fire,
explosion, flood or other phenomenon or legally condemned, may be
reconstructed, repaired, and used for the same nonconforming use,
and on the original footprint, provided that building reconstruction
shall be commenced within one year from the date the building was
destroyed or condemned and shall be carried on without interruption.
[Added 7-24-07 by Ord. No. 2007-10]
D.
Applications and plans for such reconstruction and repair to a building
as covered by this ordinance, when such building is situated in the
borough's designated historic district, shall follow guidelines established
by the Historic Preservation Commission that are intended to preserve
the integrity of the historic district.
