[Added 12-13-1988 by Ord. No. 354-2CCCCC-88; amended 2-25-2003 by Ord. No. 354-2A-03]
As used in this Part 5, the following terms shall have the meanings indicated:
BERM
A linear mound of soil on a site used as a visual impediment, either natural or man-made.
BUFFER
An area within a property or site generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit the view of the site from adjacent site or properties.
BUFFER/SCREEN
A structure or planting providing a continuous view obstruction within the site or property, consisting of fencing, berms and/or evergreen trees or shrubs.
CALIPER
The diameter of a tree trunk measured in inches six inches above the ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.
CHEMICAL PREEMERGENCE NONSELECTIVE HERBICIDE
A chemical compound, dry or liquid, which kills or permanently inhibits the germination of plant seeds but has no effect on existing plant material or plants installed after application of such compound when used according to its directions.
CONIFEROUS TREES
Evergreens; any plants of the coniferales order with true cones.
DECIDUOUS TREES
Plants that drop their leaves before becoming dormant in winter; not evergreens.
GROUND COVER
Low-growing plants; vines, shrubs or sod that in time form a dense mat covering the area in which they are planted preventing the growth of unwanted plants while holding the soil in place. Examples are rose species, cotoneaster species, euonymus species, ivy species, juniper species, honeysuckle species, pachysandra species, vine species and sod.
LANDSCAPE AREA
The area of a site or property, excluding the area occupied by buildings, other structures, parking, driveways, sidewalks, detention/retention facilities, wetlands, any impervious surface, trash enclosures and drainage outfalls.
MULCH
Any covering placed on soil to conserve moisture, eliminate weed growth and protect plants from extremes of heat and cold. Examples are shredded hardwood, stone or gravel products, and other organic material not readily subject to movement by wind or water. Freshly cut, untreated wood chips are not acceptable, given their nitrogen-consuming qualities.
SHRUBS
Any plant(s), deciduous or evergreen, generally multistemmed, classified and sold by height or spread, measured in inches or feet.
All street trees, or those planted along the street in conjunction with a subdivision or site plan, are recommended to be from the following list planted in the manner indicated:
A. 
For purposes of this Part 5, any reference to "small trees" shall include the following trees, which shall be planted 30 feet on center and which shall be planted in accordance with the following: (The reference to "B&B" shall mean balled and burlapped.)
Botanical Name
Common Name
Mature
Height
(feet)
Planting Height and Method
(feet)
Carpinus betulus fastigiate
Pyramidal European hornbeam
35
8 to 10, B&B
Cornus florida
White flowering dogwood
25
8 to 10, B&B
Cornus florida ruba
Red flowering dogwood
20
8 to 10, B&B
Malus baccata
Siberian crab
25
8 to 9, 2 to 2 1/2 inches caliper, B&B
Malus scheideckeri Superba
Scheidecker crab
15
8 to 10, B&B
Prunus serrulata Kwanzan
Kwanzan cherry
40
8 to 10, B&B
Pyrus calleryana "Redspire" (Plant Patent Number 3815)
Redspire pear
35
8 to 10, B&B
Sophora Japonica "Regent"
Regent scholar tree
40
8 to 10, B&B
Ulmus parvifolia
Chinese laceback elm
40
8 to 10, B&B
*Species not listed may be approved at the discretion of the Planning Board.
B. 
For purposes of this Part 5, any reference to "average sized trees" shall include the following trees, which shall be planted at a maximum of 40 feet on center and which shall be planted in accordance with the following: (The reference to "B&B" shall mean balled and burlapped.)
Botanical Name
Common Name
Approx.
Mature Height
(feet)
Planting Height and Method
(feet)
Acer rubrum "October glory" (Plant Patent Number 2116)
October glory maple
60
12 to 14, 2 to 2 1/2 inches caliper, B&B
Cercidiphyllurn Japonicum
Katsura tree
45
9 to 11, 2 to 2 1/2 inches caliper, B&B
Fraxinus Americana "Rosehill" (Plant Patent Number 2678)
Rosehill ash
70
12 to 14, 2 to 2 1/2 inches caliper, B&B
Ginkgo biloba "Princeton Sentry" (Plant Patent Number 2726)
Maidenhair tree
75
10 to 12, 2 to 2 1/2 inches caliper, B&B (grafted male plants only)
Gleditsia triacanthos inermis "Shademaster" (Plant Patent Number 1515) or "Halka"
Shademaster honey locust (or Halka)
60
12 to 14, 2 to 2 1/2 inches caliper, B&B
Gymnocladus dioicus
Kentucky coffee tree
46
12 to 14, 2 to 2 1/2 inches caliper, B&B
Tilia cordata "Greenspire" (Plant Patent Number 2086)
Greenspire linden
60
12 to 14, 2 to 2 1/2 inches caliper, B&B
Zelkova serrata "Village Green" (Plant Patent Number 2337)
Village green zelkova
60
12 to 14, 2 to 2 1/2 inches caliper, B&B
* Species not listed may be approved at the discretion of the Planning Board.
C. 
For purposes of this Part 5, any reference to "large trees" shall include the following trees, which shall be planted at a maximum of 50 feet on center and which shall be planted in accordance with the following: (The reference to "B&B" shall mean balled and burlapped.)
Botanical Name
Common Name
Approx.
Mature Height
(feet)
Planting Height and Method
(feet)
Acer saccharm "Green Mountain" (Plant Patent Number 21191
Green mountain sugar maple
75
12 to 14, 2 to 2 1/2 inches caliper, B&B
Platanus acerifolia
London plane tree
80
12 to 14, 2 to 2 1/2 inches caliper, B&B
Quercus borealis
Northern red oak
75
12 to 14, 2 to 2 1/2 inches caliper, B&B
Quercus palustris "Sovereign" (Plant Patent Number 2662)
Sovereign pin oak
80
12 to 14, 2 to 2 1/2 inches caliper, B&B
Quercus phellos
Willow oak
75
12 to 14, 2 to 2 1/2 inches caliper, B&B
* Species not listed may be approved at the discretion of the Planning Board.
In all landscaped areas, trees are recommended to be from the following lists:
A. 
Where such landscaped areas are adjacent to rivers, bays, lagoons or other wet areas:
(1) 
Shade trees:
Acer rubrum
Betula alba
Betula papyrifera
Cryptomeria Japonica
Liquidambar styraciflua
Nyssa sylvatica
Picea
Pinus thunbergia
Platanus acerifolia
Platanus occidentalis
Quercus palustris
Quercus phellos
Salix babylonica
(2) 
Flowering/ornamental trees:
Amelanchier canadensis
Crataegus phaenopyrum
Eleagnus umbellata
Magnolia grandifolia
Magnolia Virginiana
Prunus maritima
Prunus serotina
B. 
Where such landscaped areas are located in areas other than as described in Subsection A above:
(1) 
Shade trees/evergreen buffer trees:
Acer platanoides
Acer saccharum ("Green mountain")
Cercidiphyllum Japonicum
Cupressoyparis ("Leylandii")
Fraxinus species
Ginkgo biloba
Gleditsia triacanthos inermis
Gymnocladus dioicus
Liquidambar styraciflua
Picea species
Pinus species
Pseudotsuga menziesii
Quercus species
Sophora Japonica ("Regent")
Tilia cordata ("Greenspire")
Ulmus parvifolia
Zelkova serrata ("Village green")
(2) 
Flowering/ornamental trees:
Cornus species
Magnolia species
Malus species
Prunus species
Pyrus species
Amelanchier species
Cercis Canadensis
Koelreuteria paniculata
Chionanthus virginlcus
Laburnum x watereri
All trees must be planted at the following minimum sizes and in the following manner unless otherwise specified:
A. 
Minimum planting heights:
(1) 
Shade trees: 2 1/2 inches to 3 inches caliper; B&B.
(2) 
Flowering trees: eight feet to 10 feet in height; B&B.
(3) 
Evergreen trees: seven feet to eight feet in height; B&B.
(4) 
Shrubs: 24 inches to 30 inches in height or spread.
B. 
Tagged with a durable label indicating the genus, species, variety and cultural requirements, including watering and fertilization.
C. 
Planted in a tree pit that is 12 inches wider than the root ball on all sides, and backfilled with a planting soil mix that is 1/3 leaf compost, 1/3 original soil, and 1/3 topsoil by volume.
D. 
With a saucer or ring of packed soil around the finished planting hole to catch and hold water.
E. 
Mulch (four inches thick) applied around each individual or group of trees.
A. 
Only nursery-grown plant materials are acceptable.
B. 
All plant materials should be sufficiently hardy to withstand the effects of pollution, salt, insect manifestations and any other hazard associated with the specific environment.
C. 
Trees and shrubs should be planted only when the soil is frost-free.
D. 
Planting season shall be March 15 to June 30, or September 1 to November 30, for all shade and buffer trees.
E. 
Proper sight distance should be provided at the intersection of ingress and egress driveways by establishing sight triangles in accordance with current specifications. Within these sight triangles, plantings should be restricted to low spreading varieties of plants and shrubs of not more than 30 inches in height at maturity or larger single-stem trees pruned of all lower branches to a minimum height of seven feet.
F. 
Any curbed island planter must be a minimum width of 7 1/2 feet. The minimum depth of topsoil in such planters must be one foot for shrubs and two feet for trees.
G. 
All soils must be of a proper physical and chemical property to support the proposed plant materials.
H. 
All planting beds must specify a minimum of four inches of mulch shall be used in all nongrassed landscape bed areas.
I. 
All landscaping should be planted as to not interfere with utility lines, sight triangles, underground utilities or public walkways.
J. 
All planted landscaped areas must be irrigated with an underground irrigation system.
K. 
Where practicable, all turf areas located in the front yard area shall be irrigated with an underground irrigation system.
L. 
A minimum of 30% of all planted shrub material must be either flowering material or ornamental grasses capable of withstanding typical streetscape areas.
M. 
All vegetative species used in landscaped areas must be tolerant to local conditions to reduce maintenance through the use of fertilizers, pesticides and frequency in irrigation during drought conditions. A list of recommended landscape materials will be provided.
(1) 
Ornamental grasses:
(a) 
Penisetum alopecuroides Miscanthus sinensis.
(b) 
Miscanthus sinensis "Variegatus."
(c) 
"Yaku Jima."
(2) 
Flowering shrubs:
(a) 
Spirea bumalda "Anthony Hydrangea Nikko Blue."
(b) 
Waterer "Potentilla Fruiticosa."
(c) 
Spirea bumalda "Gold Flame."
(d) 
Vibumum.
(e) 
Hypericum, patulum.
(f) 
Forsythia x intermedia.
(3) 
Perennials:
(a) 
Coreopsis moonbeam Sedum autumn joy.
(b) 
Verticulata "Veronica sunny border blue."
(c) 
Rudabeckia goldstrum Hemerocalis "Stella D'Oro."
A. 
Where any commercial, industrial or multifamily residential district or recreational area, whether public or private, abuts a residential use or zone, a landscaped buffer strip shall be permanently maintained along the property line abutting the residential use or zone. The width of such buffer shall be in accordance with the minimum width established for the zone, as provided in Part 2, Zoning, of this chapter. In the case of recreational uses, whether public or private, the nature and extent of the buffer shall be dependent upon the use. The nature and extent of the buffer requirements shall be referred to the Planning Board for consideration and determination.
B. 
Buffer areas shall consist of a landscaped area consisting of massed evergreen and deciduous trees and shrubs. Whenever possible, the preservation of natural wooded tracts and limited land disturbance is preferred over clearing and replanting of buffer areas. In the event planting is necessary, the use of native vegetation, which requires less fertilization than nonnative species is required. Where appropriate, evergreen trees shall be planted 10 feet apart in two staggered rows for buffers under 30 feet in width and three staggered rows for those 30 feet and larger that will provide a continuous visual screen throughout the entire year within a period of two full growing seasons following the planting of the buffer. Evergreens and deciduous shrubs shall have a minimum height of three feet when planted and shall be of varieties which normally grow to a minimum height of six feet with two full growing seasons. The height of shrubs planted in buffer areas shall be measured from the ground level area around the base of the shrub at to the topmost part of the shrub, once the shrub has been properly planted in the ground, except in those instances where Part 2, Zoning, of this chapter requires that height shall be measured in relation to the elevation of the adjacent parking area. In such cases as the ground elevation of the location at which the screen shall be planted is less than the elevation of an adjacent parking area, the required height of the screen shall be increased in an amount equal to said difference in elevation.
[Amended 11-29-2005 by Ord. No. 354-2H-05]
C. 
Buffer areas may be used for no other purpose other than as a buffer and for nonstructural stormwater management areas by disconnecting impervious surfaces and treating runoff from these impervious areas. The only structures which may be erected within a buffer area are fences as elsewhere regulated in this Part 5.
[Amended 11-29-2005 by Ord. No. 354-2H-05]
D. 
Where an area required for a buffer is already wooded, it may be preserved in its natural state, and the existing growth shall be supplemented with additional plant material, at the discretion of the Planning Board, to bring the buffer area up to the minimum requirements of this Part 5.
E. 
Where a particular use, at the discretion of the Planning Board, cannot be adequately screened from an adjacent residential use or zone through proper grading, berming and/or landscaping with natural plant material, a solid wooden or PVC continuous fence of not less than six feet in height shall be erected within the designated buffer zone to supplement existing or proposed vegetation. The finished side of the fence shall face outwards towards the adjacent lot. Fences shall be erected at a continuous elevation such that the top of the fence will appear level and uniform.
F. 
All newly planted trees in a screening area shall be watered weekly (in the absence of significant rainfall) through the first growing season.
G. 
In the event that any tree, shrub or other planting required by the landscape and buffer provisions of this Part 5 or of Part 4, Zoning, of this chapter shall not live, they shall be replaced immediately or, if they shall die at a time which is not appropriate for planting, then they shall be replaced in the next planting season.
H. 
The width of the required buffer areas is as follows and is applicable when a residential use or zone is abutting or across the street:
(1) 
B3 Zone Minimum 60 feet or 20% of lot depth not to exceed 100 feet, whichever is greater.
(2) 
B2 Zone Minimum 25 feet or 20% of lot depth not to exceed 75 feet, whichever is greater.
(3) 
B1 Zone Minimum 15 feet or 20% of lot depth not to exceed 60 feet, whichever is greater.
Zone
Where Applicable
(sq. ft.)
Minimum Width
(feet)
B-1
Lots less than 15,000
15 square feet
B-1
Lots of 15,000 to 20,000
20 square feet
B-1 and B-2
Lots of 20,001 to 30,000
25 square feet
B-1 and B-2
Lots 30,001 to 50,000
30 square feet
B-1 and B-2
Lots 50,001 to 2 acres
40
B-1, B-2 and B-3
Lots in excess of 2 acres
60
B-4
When adjacent to residential use or zone
150
When across from residential use or zone
100
O-P-T
All instances
25
O-P
All instances
15
H-S
All instances
50
M-1
All instances
60
R-M
Along all property lines
50
I. 
For the purpose of this section, schools shall be considered residential uses.
J. 
For purposes of this section, all marinas or boatyards located within a residential zone shall comply with the buffer requirements of a B-1 Zone in accordance with the corresponding lot area.
A. 
Minimum landscaped area requirements are as follows:
Zone
Area Requirement
B-1
15%
B-2
20%
B-3
25%
B-4
30%
O-P-T
20%
O-P
15%
H-S
20%
M-1
25%
B. 
Detention/retention basin areas within the one-hundred-year flood limit shall not be included as minimum landscape area.
C. 
In all single-family residential zones, one shade tree is required for 2,000 square feet of lot area, plus one additional tree per lot required. These requirements are in addition to required street trees. If an existing area is left in its natural state, the area in which it covers may be subtracted from the area of the lot for the purpose of calculating shade tree requirements.
D. 
In all subdivisions, street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall be massed at critical points and also spaced evenly along the street.
(1) 
When trees are planted at predetermined intervals along the street, spacing shall depend on tree size, as follows:
Tree Size
Planting Interval
(feet on center)
Large trees
45
Average size trees
40
Small trees
30
(2) 
If a street canopy effect is desired, trees may be planted closer together, following the recommendations of a Certified Landscape Architect. The trees shall be planted so as to not interfere with utilities, roadways, sidewalks, sight easements or streetlights. Street trees do not count towards the requirement of one tree per every 2,000 square feet.
E. 
To create an alley effect along all roadways, the street tree pattern for any development should be harmonious with those of other developments along the same street or within the same development.
F. 
In all multifamily zones, all areas not utilized by the structure or parking must be landscaped, including a minimum of three shade tree per dwelling unit.
G. 
Berming shall be used in all subdivisions and site plans along all arterial and collector roads in accordance with 245-311M.
H. 
Buffers.
Existing Bulk Requirement
(in feet)
Zone
Depth
Front
Rear
Buffer
B-1
90
30
20
15-60
B-2
125
50
50
25-60
B-3
200
75
60 50
60
B-4
300
100
150
150
O-P
150
50
50
15
A. 
Parking islands may be permitted in any parking lot but shall be required in all parking lots providing for more than 20 parking spaces. The area of the landscaping within parking lots must be a minimum of 5% of the parking area and must contain at least one shade tree and three shrubs for every 10 stalls.
B. 
Planting strips must be provided between adjoining parking lots providing control of vehicular movement from one parking lot to the other. In this instance, no parking shall be allowed within 10 feet of the property line, on either side, providing a ten-foot strip sufficient for landscaping.
C. 
In addition to shade trees and shrubs, parking islands are to contain low-level plantings and a mulch ground cover.
D. 
Where practical, parking areas shall be screened from view by planting shrubs in mulch beds. Shrubs shall be a minimum of 60% evergreen and shall be of a size that is a minimum of 30 in inches height at the time of planting. All such screening shrubs shall be planted at a spacing of four feet on center.
A. 
Existing shrubs, specimen trees and other vegetation shall be saved, protected and retained to the greatest extent practicable.
B. 
Tree save areas shown on the landscape plan shall be marked in the field by four-foot high snow fencing, said fencing shall be self-supporting and placed a minimum of six feet from each area it is designed to protect and installed prior to any excavation or construction.
C. 
All specimen trees marked to be retained on the plan shall be marked in the field by a brightly colored surveyor's ribbon.
D. 
The grade of land located within 10 feet of a larger than six-inch caliper tree shall be preserved at existing elevation. A snow fence shall be installed to form a ten-foot by ten-foot preservation area around each tree prior to bringing any earth moving equipment on site. These areas must remain free of soil stockpiles.
E. 
Tree wells are to be of a durable material and at a minimum six feet from any tree they are designed to protect. The well shall be constructed from the existing grade without excavation for footings.
F. 
Any cleaning within six feet of tree trunks must be performed by hand.
G. 
No equipment is to be driven on the ground surface within the dripline of trees to remain, and no building materials shall be stacked against such trees.
H. 
Topsoil is not to be stockpiled within the dripline of any tree to be preserved.
I. 
If an area is specified to remain in its natural state, no modification of the area is permitted. This is intended for larger, undisturbed tracts. For those smaller areas, selective thinning of dead or dying vegetation, tree stumps and other undesirable growth is required. More desirable species shall be used to supplement vegetation in these areas. In buffer areas, vegetation must be added to conform to buffer zone standards.
A. 
The following materials shall be submitted:
(1) 
A planting schedule, including quantities, planting size, size at maturity and types of plant by botanical and common names keyed to the plan. All plants shall be specified as B&B or container grown.
(2) 
All proposed landscape plantings and other landscape improvements.
(3) 
Location and spacing of each plant to scale.
(4) 
Planting details including plant pit dimensions and backfill (planting mix) materials.
(5) 
Ground covers to be used.
(6) 
Specification of ground plant treatment as either surf or sod.
(7) 
Name and address and telephone number of person, firm or organization preparing landscape plan.
B. 
Major site and subdivision plans must contain a detailed plan to a scale of one inch equals 10, 20, 30, 40 or 50 feet. A certified landscape architect must prepare and seal all landscape plans when the site is in excess of one acre. All landscape plans should reflect the proposed grading of the site.
C. 
All landscaping plans must show all existing trees with a diameter of six inches or greater or any ornamental tree with a diameter three inches or greater and a clearing limit line in heavily wooded areas. Within the clearing limits, all such specimen trees must be labeled either to be removed or to be saved.
D. 
The dominant species of vegetation must be identified and indicated on the landscape plan for all areas left in their natural state, and each specimen tree within the clearing limits shall be identified by botanical and common name.
A. 
If, after proper delineation of clearing limits and the placement of snow fencing in accordance with this Part 5, any additional tree disturbance occurs, the developer shall be required to replace any tree outside the limits of the clearing limit area, shown on the site plan or subdivision approval, based on the following schedule:
(1) 
The developer shall provide and install, in accordance with Township standards, one additional two-and-one-half-inch caliper, twelve-to-fourteen-foot tall acceptable shade tree balled and burlapped for each one-inch diameter of the tree unnecessarily removed.
(2) 
At the developer's option, a four-to-six-inch caliper new shade tree may be provided and installed at a ratio of one new tree per three inches of diameter of the tree unnecessarily removed.
B. 
The above remedial requirement shall be in addition to those penalties provided for any violation of this Part 5 or other remedies provided to the Township by law.
[Added 7-10-2007 by Ord. No. 27-07]
A. 
Foundation and intent.
(1) 
Riparian buffer protection has significant state, regional and municipal support in New Jersey. The State Development and Redevelopment Plan (SDRP, adopted June 1992) calls for the protection and preservation of large, continuous tracts and corridors of open space land which contain important biological resources/networks. Additionally the SDRP calls for the maintenance of riparian corridor buffers adequate for the protection of water quality, wildlife corridors and opportunities for recreational activities.
(2) 
State support for stream corridor protection is strengthened by regulatory programs such as State Freshwater Wetlands Protection Regulations and State Flood Hazard Area Regulations, and by stream encroachment permits, which govern all development activities within freshwater wetland areas, surface waters and flood hazard areas of the state. These regulations are complemented by water quality management initiatives such as area-wide water quality management plans, wastewater management plans, and New Jersey Pollution Discharge Elimination System regulations which primarily control pollutant input to streams through point sources. In addition, stream corridors and waterfront properties are protected from development encroachment through the Coastal Areas Facilities Review Act and the Waterfront Development Act.
(3) 
This section will apply only when no other regulatory agency approvals are required for new developments, including, but not limited to the above-mentioned State of New Jersey, Department of Environmental Protection regulatory programs.
(4) 
Riparian corridor protection is an essential aspect of the intent and purposes stated under New Jersey Municipal Land Use Law, which is the legal foundation for the municipal planning and zoning process. Riparian buffer protection is critical to protecting the drinking water supply of those who are dependent on vital surface water resources.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACTIVITY
Any land disturbance, including any development for which an application for development is necessary.
DEVELOPMENT
Any existing or proposed activity which includes ground and/or vegetative clearing, pavements, buildings or any other improvements which exist or are proposed to disturb the riparian buffer area.
ENCROACHMENT
Any area in which development exists or is proposed to extend into the three-hundred-foot riparian buffer area.
IMPERVIOUS SURFACE
Any paved, hardened or structural surface which does not allow for complete on-site infiltration of precipitation. Such surfaces include but are not limited to buildings, driveways, streets, parking lots, swimming pools, dams, tennis courts, concrete pavers, brick pavers and any other structures that meet the above definitions.
INTERMITTENT STREAMS
Surface water drainage channels with definite bed and banks in which there is not a permanent flow of water.
LAKE, POND or RESERVOIR
Any impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water, excluding sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
LAND DISTURBING ACTIVITY
Any grading, scraping, excavating or filling of land, clearing of vegetation, and any construction or additions to the footprint of a structure.
ONE-HUNDRED-YEAR FLOOD LINE
The line formed by following the outside boundaries of the area inundated by a one-hundred-year flood. A one-hundred-year flood is estimated to have one-percent chance or one chance in 100 of being equaled or exceeded in any one year. The one-hundred-year flood line shall be determined by reference to the most recent flood insurance rate maps promulgated by the Federal Emergency Agency or such other documentation that may be determined valid by the Township Engineer.
PERENNIAL STREAMS
Streams that flow continuously throughout the year and shall be portrayed by a solid blue line on the USDA Soil Survey Map.
RIPARIAN BUFFER
Means and refers to the area of land within a minimum width of 300 feet located adjacent on either side to permanent or intermittent riparian buffers, lakes, and ponds, measured as a line extending perpendicularly from the one-hundred-year floodplain delineation. If there is no one-hundred-year flood line delineated, the distance shall be measured outward from the top of the bank of the stream channel. If slopes greater than 10% abut the outer boundary of the stream corridor, the area of such slopes shall also be included as in the stream corridor.
RIPARIAN CORRIDOR
Means and refers to the land area that acts as a transition between the aquatic and upland ecosystems.
SURFACE WATERBODY
(1) 
Any perennial stream or river (or portion thereof) that is portrayed as a solid line on a United States Department of Agriculture Soil Survey Map of the most recent edition; and
(2) 
Any intermittent stream or river (or portion thereof) that is portrayed as a dashed line on a United States Department of Agriculture Soil Survey Map of the most recent edition; and
(3) 
Any lake or impoundment that does not lie entirely within a single parcel of land. For the purpose of this section, this buffer does not apply to man-made stormwater management facilities, farm ponds, fountains and/or ornamental ponds.
TOP OF BANK
The upper ridgeline of the confining channel as defined by the Rosgen stream classification method.
C. 
Applicability.
(1) 
For all major subdivisions, minor subdivisions and site plans, a three-hundred-foot wide riparian buffer shall be provided along all streams or waters (as defined), unless a decreased buffer is approved through other regulatory approvals by the NJDEP.
(2) 
Where a riparian buffer easement has been recorded on a residential parcel, the property owner has the right to the development, redevelopment, or alteration of a single-family home, but no disturbance or construction is permitted in the recorded buffer.
(3) 
Where a riparian buffer easement has not been recorded on a residential parcel, the existing property owner has the right to the development, redevelopment, or alteration of a single-family home and appurtenances where the proposed improvements in the riparian buffer are less than a disturbance of 10,000 square feet or creation of less than 3,500 square feet of additional impervious surface and the riparian buffer restrictions would present an unfair hardship to the applicant as determined by the land use board of jurisdiction.
D. 
Activities and uses.
(1) 
Activities permitted in riparian buffers.
(a) 
Riparian buffers remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of pubic safety), no altering of watercourses, regrading or construction, except for the following activities:
[1] 
Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures.
[2] 
Game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.
[3] 
Unpaved hiking, bicycle and bridle trails, and public viewing areas.
[4] 
Fishing areas.
[5] 
Public parks, roadways or projects.
[6] 
Stream cleaning and stream rehabilitation work undertaken to improve hydraulics or protect public health.
[7] 
Culverts as needed, provided that they cross the buffers directly as practical.
[8] 
Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practice and approved by the Ocean County Soil Conservation District in a manner which will not impede flows or cause ponding of water.
[9] 
Structures comprising part of an identified regional flood detention project.
(b) 
Permitted activities shall be in accordance with all applicable federal, state and local permits.
(2) 
Riparian buffer encroachment. For all major subdivisions, minor subdivision, and site plans, encroachment within the buffer area shall only be allowed where previous development or disturbance has resulted in the placement of impervious surfaces such as roadways, parking lots, swimming pools, or buildings. Existing impervious cover shall not be increased within the riparian buffer zone as a result of encroachment. The encroachment shall only be allowed to continue where the applicant demonstrates that the functional value and overall condition of the buffer will be maintained to the maximum extent practicable. The development will not be permitted to expand the encroachment waterward or linearly. In no case shall the remaining riparian buffer be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is defined. Preexisting encroachments are permitted to be replaced with other variations of encroachments. For example, a previously paved area shall be permitted to be replaced with a building footprint as it does not increase impervious coverage in the buffer area.
(3) 
Prohibited activities. All uses shall be prohibited within a recorded riparian buffer except as permitted in Subsection D(1)(a)[1] and [2] above.
(a) 
Use of fertilizers, pesticides, or other chemicals by other than a government agency.
(b) 
Vehicular traffic and parking areas.
(c) 
Removal or disturbance of vegetation inconsistent with erosion control and buffering objectives.
(d) 
Any solid or hazardous waste facilities, including, but not limited to sanitary landfills, transfer stations, and wastewater lagoons.
(e) 
Junkyards, commercial and/or industrial storage facilities and open storage of vehicles and materials.
E. 
Provisions governing activities.
(1) 
Submission requirements for all new development applications. An applicant for an activity to or within a riparian buffer shall submit to the municipality a map of the project site delineating the following (at a scale of not greater than one inch equals 100 feet) using the best available information:
(a) 
One-hundred-year flood line;
(b) 
State wetland boundary lines and wetland buffer boundary lines;
(c) 
The riparian corridor buffer boundary and installed monument locations;
(d) 
Any slopes greater than 10% within the site;
(e) 
The location of all improvements and land disturbance, existing or proposed, to be located within any of the above boundaries;
(f) 
All plat detail requirements as would otherwise be required for a site plan submission.
(2) 
Submission requirements for applications with existing development. An applicant for an activity in a riparian buffer which exceeds the limits stated in Subsection C(3) above, shall submit to the municipality a map of the project site delineating the following (at a scale of not greater than one inch equals 100 feet) using the best available information:
(a) 
One-hundred-year flood line.
(b) 
State wetland boundary lines and wetland buffer boundary lines.
(c) 
The riparian corridor buffer boundary and installed monument locations.
(d) 
Any slopes greater than 10% within the site.
(e) 
The location of all improvements and land disturbance, existing or proposed, to be located within any of the above boundaries.
(3) 
Regulations for any activities. Any application for development of activities within the riparian buffer is subject to the following regulations.
(a) 
The applicant for any activity in a buffer shall rehabilitate any degraded areas within the buffer, in a manner acceptable to the Board or Township Engineer, as the case may be.
(b) 
The applicant shall also be required to accomplish to the satisfaction of the Township Engineer all of the following:
[1] 
Rehabilitate or cure the effects of the disturbance caused during construction.
[2] 
Maintain the integrity of the surrounding habitat.
[3] 
Maintain the existing ability of the buffer to function appropriately.
(c) 
The applicant provides whatever additional measures are necessary to assure that areas designated as riparian buffers will be preserved and to prevent additional encroachments likely to occur as a result of the approval granted.
(d) 
The Board, in the case of an application for development, and the Township Engineer, in all cases, may require conservation easements or deed restrictions assuring there will be no further intrusion on the buffer than that permitted by the activity approved.
F. 
Buffer width.
(1) 
The buffer width as defined shall be 300 feet located adjacent on either side to streams or water (as defined) measured as a line extending perpendicularly from the one-hundred-year flood line or top of bank. (See definition.)
(2) 
All building and impervious cover setbacks shall be situated at the limit of the buffer line.
(3) 
A deed of conservation easement shall be prepared and recorded. The easement shall be monumented in accordance with the NJ Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(4) 
Buffer widths may be minimally reduced in areas so long as an equal area of compensation is provided in another area of the linear buffer line. Buffer reductions are to be subject to approval by the Board Engineer.
G. 
Buffer vegetation.
(1) 
Objectives. Vegetation in the buffer shall consist of plants able to withstand periodic inundation of water after storms, as well as occasional drought during the summer months. Plant selection should favor native species that have multiple values, such as those suited for fruit, nesting, aesthetics, and tolerance to locally used herbicides. Tree and shrub species which may be alternate hosts to undesirable pests shall be avoided. Species diversity should be considered to avoid loss of function due to species specific pests. All new plantings shall be consistent with existing, healthy plant material. Approved plants should:
(a) 
Stabilize the ground from erosion.
(b) 
Produce shade to reduce pool and ripple warming whenever possible.
(c) 
Enhance pollutant uptake.
(d) 
Have very low maintenance since they may be difficult or impossible to access.
(e) 
Provide food or cover for wildlife.
(f) 
Be located to reduce pedestrian access to the deeper pools.
(2) 
Lists of plant species.
(a) 
NJDEP lists frequently used plant species in a riparian buffer, which include:
[1] 
Asters (Aster).
[2] 
Goldenrods (Solidago).
[3] 
Beebalm (Monarda didyma).
[4] 
Bergamont (Mondarda Fistulosa).
[5] 
Lobelias (Lobelia).
[6] 
Coneflower (Rudbeckia).
[7] 
Violets (Viola).
[8] 
Lilies (Lilium).
[9] 
Primrose (Oenothea).
[10] 
Milkwort (Polygala).
[11] 
Flatsedge (Cyperus).
[12] 
Hollies (Ilex).
[13] 
Lovegrass (Eragrostis).
[14] 
Spirea (Spirea).
[15] 
Serviceberry (Amelanchier Arborea).
[16] 
Nannyberry (Viburnum Lentago).
[17] 
Sweet pepperbush (Clethra Alnifolia).
[18] 
Sweetbay magnolia (Magnolia).
[19] 
Hawthorns (Crategus).
[20] 
Redbud (Cercus Canadensis).
[21] 
Dogwoods (Cornus).
[22] 
White ash (Fraxinus Americana).
[23] 
Green ash (Fraxinus Pennsylvanica).
[24] 
Birch (Betula).
[25] 
Sweetgum (Liquidambar Styraciflua).
[26] 
American beech (Fagus Grandifolia).
[27] 
American hornwood; and Red maple (Acer Rubrum).
(b) 
The National Resource Conservation Service, USDA, publishes a listing of Native Plant Guide for Planting Along Streams and Ponds, which is made part of this chapter.
(3) 
Approval of the use of other plant material and the final design of plant material to be contained within the designated buffer area lies with the Township Engineer, with reference to Native Plant Guide for Planting Along Streams and Ponds, prepared by the National Resource Conservation Service, USDA.
H. 
Boundary interpretation; appeals procedures; inspections; conflicts.
(1) 
When a landowner or applicant disputes the boundaries of a riparian buffer, the landowner or applicant shall submit evidence to the Township that describes the buffer area, proposed delineation and presents all justification for the proposed boundary change. For a Category One (C1) boundary, the landowner or applicant must first obtain approval from the New Jersey Department of Environmental Protection. A decision from the Department must be included with the evidence submitted for municipal review.
(2) 
Within 45 days of a complete submission of information provided above, the Engineer of the Township shall evaluate all materials and make a written determination. A copy shall be submitted to the owner and/or applicant. Failure to act within 45 days shall not be interpreted to be an approval of the proposed boundary change.
(3) 
Any party aggrieved by any determination or decision of the Township may appeal to the governing body of the Township. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
I. 
Enforcement.
(1) 
A prompt investigation shall be made by the Construction Code Official of the Township of Brick of any person or entity believed to be in violation of this section.
(2) 
A fine of $500 a day shall be levied upon any person or entity until such encroachment or violation of the riparian buffer area is restored.