For the purposes of this article, the following
definitions shall apply:
CLEAR-CUTTING
Clear cutting is defined as the large scale indiscriminate
removal of trees, shrubs and undergrowth with the intention of preparing
real property for nonagricultural development purpose.
MUNICIPAL ENGINEER
Professional and licensed engineer appointed by the Township
Committee.
PASSIVE RECREATION
Activities that involve inactive or less energetic activities,
such as walking, sitting or picnicking.
PERENNIAL STREAM
A stream that flows continuously throughout the year in most
years.
RIPARIAN BUFFER CONSERVATION ZONE
Areas surrounding municipally designated surface water bodies,
including creeks, lakes and intermittent watercourses that intercept
surface water runoff, wastewater, subsurface flow, and/or deep groundwater
flows from upland sources and function to remove or buffer the effects
of associated nutrients, sediment, organic matter, pesticides, or
other pollutants prior to entry into surface waters. This area may
also provide wildlife habitat, control water temperature, attenuate
flood flow, and provide opportunities for passive recreation. This
buffer area may or may not contain trees and other native vegetation
at the time of the article's enactment.
STREAM
A natural watercourse containing flowing water for at least
part of the year.
The following uses are permitted, either by
right or after review and approval by the municipality in the Riparian
Buffer Conservation Zone. However, within any buffer, no construction,
development, use, activity, or encroachment shall be permitted unless
the activity is described in the Riparian Buffer Management Plan,
as outlined in 225-80.
A. Zone One.
(1) Uses permitted by right. Open space uses that are
primarily passive in character shall be permitted to extend into the
area defined as Zone One, including:
(a)
Wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, passive areas of public and private parklands,
and reforestation in compliance with the guidelines of the Riparian
Buffer Management Plan.
(b)
Streambank stabilization in compliance with
the guidelines of the Riparian Buffer Management Plan.
(c)
Buffer crossings by farm vehicles and livestock.
(e)
Hunting, trapping and fishing as licensed by
the State of New Jersey Fish and Wildlife Department
(2) Uses requiring municipal review and approval: recreational
trails, roads, railroads, centralized sewer and/or water lines, and
public utility transmission lines, provided that any disturbance is
offset by buffer improvements identified in the Riparian Buffer Management
Plan.
B. Zone Two.
(1) Uses permitted by right. The following uses which
are primarily passive in character shall be permitted by right to
extend into the area defined as Zone Two:
(a)
Open space uses including wildlife sanctuaries,
nature preserves, forest preserves, passive areas of public and private
parklands, and recreational trails.
(b)
Reforestation in compliance with the guidelines
of the Riparian Buffer Management Plan.
(c)
Minimum required front, side, and rear yards
on private lots, provided that no yard may extend into Zone Two more
than half the distance between the outer boundaries of Zone One and
Zone Two.
(e)
Buffer crossings by farm vehicles and livestock.
(f)
Hunting, trapping and fishing as licensed by
the State of New Jersey Fish and Wildlife Department.
(2) Uses requiring municipal review and approval.
(a)
Roads, railroads, centralized sewer and/or water
lines, and public utility transmission lines, provided that any disturbance
is at a minimum, offset by buffer improvements identified in the Riparian
Buffer Management Plan.
(b)
Centralized sewer and/or water lines and public
utility transmission lines running along the buffer, provided that
any disturbance is, at a minimum, offset by buffer improvements identified
in the Riparian Buffer Management Plan. These lines shall be located
as far from Zone One as practical.
(c)
Areas such as camps, campgrounds, picnic areas
and golf courses. Active recreation areas such as ball fields, playgrounds,
and courts, provided these uses are designed in a manner that will
not permit concentrated flow.
(d)
Naturalized stormwater basins in compliance
with the guidelines in the Riparian Buffer Management Plan. The entire
basin shall be located a minimum of 50 feet from the defined edge
of identified watercourses.
All use or activity not authorized within §
225-75 shall be prohibited within the Riparian Buffer Conservation Zone. By way of example, the following activities and facilities are specifically prohibited:
A. Clear-cutting of trees and other vegetation.
B. Selective cutting of trees and/or the clearing of other vegetation within Zone One, except where such clearing is necessary to prepare land for a use permitted under §
225-75A and where the effects of these actions are mitigated by revegetation as specified under 225-80.
C. Selective cutting of trees and/or the clearing of other vegetation within Zone Two, except where such clearing is necessary to prepare land for a use permitted by §
225-75B and where the effects of these actions are mitigated by revegetation, as specified under 225-80.
D. Removal of trees in excess of selective cutting, except
where such removal is necessary as a means to eliminate dead, diseased,
or hazardous tree stands that jeopardize public safety or as part
of a reforestation project, provided that the removal is in compliance
with a Riparian Buffer Management Plan approved by the Municipal Engineer,
governing body, or its appointed representative.
E. Removal or disturbance of vegetation in a manner that
is inconsistent with erosion control and buffer protection.
F. Storage of any hazardous or noxious materials.
G. Use of fertilizers, pesticides, herbicides, and/or
other chemicals in excess of prescribed industry standards.
H. Roads or driveways, except where permitted as buffer crossings in compliance §
225-75 III of this article.
I. Motor vehicle or wheeled-vehicle traffic in any area
not designed to accommodate adequately the type and volume.
K. Any type of permanent structure, including fences, except structures needed for a use permitted in §
225-75.
L. Subsurface sewage disposal areas.
Nonconforming structures and uses of land within
the Riparian Buffer Conservation Zone shall be regulated under the
provisions of the Harrison Township Land Use Ordinance (existing nonconformance
regulations). The following additional regulations also shall apply:
A. Existing nonconforming structures or uses within Zones One or Two that are not permitted under §
225-75 may be continued but shall not have the existing building footprint or uses expanded or enlarged.
B. Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the Riparian Buffer Conservation Zone, as measured against the intent and objectives under §
225-72, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses which are following prescribed best management practices for crop rotation.
Within any municipally identified buffer area,
no construction, development, use, activity, or encroachment shall
be permitted unless the effects of such development are accompanied
by implementation of an approved Riparian Buffer Management Plan,
as specified below.
A. The landowner or developer shall submit to the Municipal
Engineer, governing body, or its appointed representative, a Riparian
Buffer Management Plan prepared by a landscape architect, professional
engineer or other qualified professional.
B. The Riparian Buffer Management Plan shall fully evaluate
the effects of any proposed uses upon the Riparian Buffer Conservation
Zone.
C. The Riparian Buffer Management Plan shall identify
the existing conditions present on the site under review to include
the following at a minimum:
(2) One-hundred-year floodplain.
D. The plan shall be reviewed by the Municipal Engineer,
governing body, or appointed representative in order to determine
the effects of the proposed activity upon the Riparian Buffer Conservation
Zone.
To function properly, dominant vegetation in
the Riparian Buffer Management Plan shall be selected from a list
of plants most suited to the riparian buffer. Plants not included
on the lists may be permitted by the Municipal Engineer, governing
body, or its appointed representative when evidence is provided from
qualified sources certifying their suitability. The municipality may
require species suitability to be verified by qualified experts in
the Gloucester County Conservation District, Natural Resources Conservation
Service, New Jersey Department of Environmental Protection, the United
States Fish and Wildlife Service, or state and federal forest agencies.
A. In Zone One, dominant vegetation shall be composed
of a variety of native riparian trees, shrub species, tall grasses
and appropriate plantings necessary for streambank stabilization.
B. In Zone Two, dominant vegetation shall be composed
of riparian trees and shrubs, with an emphasis on native species and
appropriate plantings necessary to stabilize the soil.
C. Disturbed areas shall be revegetated with riparian
buffer plants, in compliance with an approved Riparian Buffer Management
Plan.
D. Areas that cannot be revegetated shall be restored
in compliance with an approved Riparian Buffer Management Plan.