[HISTORY: Adopted by the Township of Howell
by Ord. No. O-86-42 (Ch. XXIIA of the 1974 Code). Amendments noted
where applicable.]
There is hereby established in the Township
of Howell this chapter which shall hereinafter be known as, and may
be cited as, the "Howell Township Wetlands Management Code."
The Township Council finds that the accelerating
pace of development, including residential, commercial and industrial
development, presents a clear and present danger to the environmental
integrity of the freshwater wetlands of Howell Township. The Township
Council further finds that the preservation of the environmental integrity
of the Township's freshwater wetlands is essential to such essential
environmental processes and considerations as groundwater recharge
and water purification; flood control; nutrient recycling; oxygen
production; chemical and nutrient absorption; aquatic productivity;
and the maintenance of habitat for numerous plant and animal species,
including many species which are rare, threatened or endangered. The
Township Council further finds that development of freshwater wetlands
has resulted in, or is likely to result in, irreversible environmental
harm. The Township Council further finds that the preservation of
the Township's freshwater wetlands is essential to the attainment
of such human objectives as preservation of our natural and aesthetic
heritage, recreational use, including camping, hunting, fishing, scientific
research and environmental education.
The purpose of this chapter is to promote the
public health, safety and welfare through the preservation of the
environmental integrity of the freshwater wetlands of Howell Township.
The following definitions shall govern this
chapter:
Any land, or submerged land, within 75 feet of the boundary
of any Howell Township freshwater wetlands.
Any man-made change to improved or unimproved real property,
including, but not necessarily limited to, a division of a parcel
into two or more subparcels, the erection of buildings or other structures,
mining, dredging, filling, grading, paving, excavation, or clearing
of vegetation.
Those lands characterized by poorly drained soil, and those
lands characterized by seasonal high-water tables at or near the surface,
including but not limited to bogs, white cedar swamps, streams, lakes,
ponds, lowland pitchpine and springs. In addition to the foregoing
the determining factors of a freshwater wetlands area shall be the
site-specific presence of predominantly hydraphitic plant, including,
but not limited to, the listing currently used by the United States
Fish and Wildlife Service, the United States Army Corps of Engineers
and the list currently being developed by the New Jersey Department
of Environmental Protection, and/or the presence of hydric soils as
designated by the United States Fish and Wildlife Service and the
Army Corps of Engineers.
Any person, firm, partnership, association, corporation company,
organization or legal entity of any kind, including municipal corporations,
governmental agencies or subdivisions thereof.
The Howell Township Planning Board.
No development shall occur on any site characterized
as a freshwater wetland, or in any buffer zone thereof, except by
means of the permit process, as provided for hereinafter.
Roadways, bridges and public utilities transmission
distribution lines may be constructed, subject to the permit process,
hereinafter established, within the jurisdiction of the Howell Township
Planning Board, provided that:
A.
There exists no feasible alternate route for the subject
structure or roadway, which would not traverse lands designated as
freshwater wetlands, or any buffer zone thereof, in the Township of
Howell.
B.
It is demonstrated, to the satisfaction of the Howell
Township Planning Board, following the receipt of the recommendations
from the Township Engineer and the Environmental Commission as set
forth hereafter, that the proposed construction will not cause an
adverse impact on the environment of the freshwater wetland site,
or on any buffer zone thereof.
C.
It is demonstrated, to the satisfaction of the Howell
Township Planning Board, that existing or modified facilities cannot
satisfy the public need.
D.
All freshwater wetlands that are permitted to be developed
shall be replaced on a two-for-one basis within the Township of Howell.
A.
Existing agricultural or horticultural activities
shall not be regulated by this chapter. However, the agricultural
or horticultural use shall not be expanded into freshwater wetlands
or buffer zone areas by any means, including, but not limited to,
the erection of additional buildings or the commitment of uncultivated
land to cultivation, pursuant to the permitting process, hereinafter
established.
B.
All preexisting commercial or recreational hunting
or trapping operations and outdoor recreational activities shall be
exempted from the provisions of this chapter, where otherwise legally
permitted.
C.
Uses accessory to residential or other permitted uses
of adjoining lands or waters are permitted, provided that said uses
are consistent with the intent and objectives of this chapter.
D.
Government uses such as parks, recreational facilities,
wildlife sanctuaries, dams, reservoirs, and the accessory uses thereof
are permitted.
E.
Driveways where alternative means of access are proven
unavailable or impractical are permitted.
All uses permitted by this chapter shall be
conducted in such a manner as to cause the least possible environmental
damage to the freshwater wetlands, and the buffer zones thereof, of
the Township of Howell.
All applicants for a permit to do any of the uses prohibited, regulated, or permitted by §§ 325-5 through 325-7 shall present an original and six copies of the permit application, together with other required information, to the Township land use office. All applications and copies thereof must be accompanied by or include the following information:
A.
Name and address of the applicant and the applicant's
agent, if any, and a statement as to whether applicant is an owner,
lessee, licensee, etc., of the subject property. If applicant is not
an owner, the written consent of the owner, duly acknowledged, must
be attached.
B.
Purposes of proposed operation, use or activity.
C.
Description of the area in which the use or activity
is proposed, which description shall be by bearing distance based
upon accepted map projections. North and east coordinates of the starting
point shall be given.
D.
Manner in which the use or activity is to be carried
out.
A permit application shall be accompanied by
the following documentation (original and six copies):
A.
A survey and topographical map with contours shown
at one-foot intervals and with the area of activity indicated thereon.
The map or maps shall be certified by a New Jersey licensed surveyor
or professional engineer, and shall show depth or height or any proposed
disturbance activity and deposition area. The horizontal control of
survey shall be based upon accepted map projections. The vertical
control for elevation and soundings shall be based upon United States
Corps of Army Engineers and/or United States Geological Survey data.
All maps shall show the names and addresses of all owners of lands
contiguous to lands and waters the where proposed disturbance activity
will take place.
B.
A filing fee of 1% of the estimated cost of the proposed
disturbance activity as verified by the Township Engineer, but in
no case less than one $100.
This chapter does not obviate the necessity
for the applicant to obtain the approval or any permit required by
any other governmental body or agency before proceeding with operations.
Approvals or permits which may be required are the sole responsibility
of the applicant. No operation, use or activity shall be initiated
by the applicant under this chapter until such other approvals permits
as may be required are issued.
A.
The land use office shall retain the original permit
application, once complete, and one complete copy each shall be distributed
to the Township Engineer and Environmental Commission who shall make
recommendations as to the granting or denying of the application within
45 days of the submission of the application to each of them.
B.
With the concurrence of both the Township Engineer and Environmental Commission, the land use officer may issue a permit for permitted uses under § 325-7 hereof or where the application for development involves a minor site plan and/or minor subdivision application under Chapter 188, Land Use, before the Planning Board. All applications involving major site plan and/or major subdivision approval, or for prohibited or regulated uses, and all other applications where there is not the joint concurrence of the Township Engineer and Environmental Commission shall be referred to the Planning Board for action as to the issuance or denial of a permit.
Subsequent to the receipt of the reports as required under § 325-12 hereof and upon 10 days' prior notice published in an official newspaper of the Township of Howell in a form and manner approved by the Planning Board, the Planning Board shall hold a public hearing on the permit application unless said permit application is made in conjunction with a major site plan and/or subdivision application, in which event publication of the notice of the public hearing for the proposed site plan and/or subdivision proceeding shall be sufficient. The Planning Board shall, within 30 days of the conclusion of the public hearing, as to permit application, render a decision to deny, approve, or approve with conditions the permit application, and in so doing shall state, in writing, its findings of fact and conclusions. The decision shall be transmitted by the land use office to the applicant.
The permit shall indicate the nature of the
operation, use or activity approved and any conditions imposed and
shall be issued in accordance with the procedure as hereinabove described
and upon the following conditions:
A.
Payment of a permit fee of $75.
B.
The filing with the Township of a performance bond in an amount and with sureties and in a form approved by the Township Attorney in accordance with Article VII of Chapter 188, Land Use. The bond and surety shall be conditioned on compliance with all provisions of this chapter and any conditions imposed in the permit approval.
C.
The submission to the Township of an agreement which indemnifies and saves harmless the Township or any agency or agent thereof from any claims arising out of or connected with operations, uses or activities under the permit, and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees, in a form satisfying to the Township Attorney. The requirements of this subsection may be met under Subsection B hereof.
Any violation of any provision of this chapter,
or the terms or conditions contained in any permit issued hereunder,
shall, upon conviction thereof, be punishable by fine of not more
than $500 or imprisonment for not more than 30 days, or both. Each
day of such violation shall constitute a separate offense. The provisions
of this chapter may be enforced by the Code Enforcement Officer. Any
unauthorized disturbance of any wetlands shall be restored on a two-for-one
basis. This restoration or creation shall be started within a thirty-day
period of formal written notification and completed within one year
thereafter.
