[Added 9-6-2005 by Ord. No. 38-2005]
A.
In recognition of the fact that natural features contribute
to the welfare of residents, the following regulations have been enacted
to provide reasonable controls governing the restoration, conservation,
disturbance, and management of existing conservation easements for
all perennial and intermittent streams and all lakes and ponds in
the municipality by establishing designated conservation easement
zones. It shall be noted that this zone designation shall not be included
in the requirement for area clear of easements for the bulk standards
of the Zoning Ordinance.
B.
In addition, the specific purposes and intent of this
article are to:
(1)
Reduce the amount of nutrients, sediment, organic
matter, pesticides, and other harmful substances that reach watercourses,
wetlands, subsurface, and surface water bodies by using scientifically
proven processes, including filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, denitrification and by improving infiltration,
encouraging sheet flow, and stabilizing concentrated flows.
(2)
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.
(3)
Regulate the land use, siting and engineering
of all development to be consistent with the intent and objectives
of this article, accepted conservation practices, and to work within
the carrying capacity of existing natural resources.
(4)
Assist in the implementation of pertinent state
laws concerning erosion and sediment control practices.
(5)
Conserve the natural features important to land
and water resources (e.g., headwater areas, groundwater recharge zones,
floodway, floodplain, springs, streams, wetlands, woodlands, prime
wildlife habitats) and other features constituting high recreational
value or containing amenities that exist on developed and undeveloped
land.
(6)
Work with floodplain, steep slope, and other
ordinances that regulate environmentally sensitive areas to minimize
hazards to life, property, and water features.
(7)
Conserve natural, scenic, and recreation areas
within and adjacent to wet areas for the community's benefit.
For the purposes of this article, the following
definitions shall apply:
The large-scale indiscriminate removal of trees, shrubs and
undergrowth with the intention of preparing real property for nonagricultural
development purpose.
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.
A stream with a drainage area of 50 acres or greater.
Professional and licensed engineer appointed by the Township
Committee.
Activities that involve inactive or less energetic activities,
such as walking, sitting or picnicking.
A stream that flows continuously throughout the year in most
years.
Not clear-cutting.
A natural watercourse containing flowing water for at least
part of the year.
A.
The establishment of the conservation easement zone
applies to the following areas which are identified on the municipal
conservation easement map prepared by Remington & Vernick Engineers
entitled "Conservation Easement Map," dated June 2005:[1]
(1)
Lands adjacent to municipally designated streams
within the municipality.
(2)
Lands adjacent to municipally designated intermittent
watercourses within the municipality.
(3)
Lands at the margins of municipally designated
lakes.
[1]
Editor's Note: The Conservation Easement Map
is on file in the Township offices.
B.
The measurement of the conservation easement zone
shall extend a minimum of 75 feet from each defined edge of an identified
watercourse or surface water body at bankfull flow or level or shall
equal the extent of the one-hundred-year floodplain, whichever is
greater. The District will consist of two distinct zones designated
as:
(1)
Zone One: This zone will begin at each edge
of an identified waterway (which can include wetlands and intermittent
watercourses) and occupy a margin of land with a minimum width of
25 feet measured horizontally on a line perpendicular to the edge
of water at bankfull flow. Where steep slopes (in excess of 25%) are
located within 25 feet of a municipally designated watercourse, Zone
One shall extend the entire distance of this sloped area. If the distance
of this sloped area is greater than 75 feet, there will be no requirement
for the establishment of Zone Two. If the distance is less than 75
feet, the width of Zone Two will be adjusted so that the total buffer
width (Zone One and Zone Two) will be 75 feet maximum.
(2)
Zone Two: This zone will begin at the outer
edge of Zone One and occupy a minimum width of 50 feet in addition
to Zone One.
(a)
Where the one-hundred-year floodplain extends
greater than 75 feet from the waterway, Zone One shall remain a minimum
of 25 feet wide and Zone Two shall extend from the outer edge of Zone
One to the outer edge of the one-hundred-year floodplain.
(b)
Width determination. The developer, applicant,
or designated representative shall be responsible for the initial
width determination of the conservation easement and identifying this
area on any plan that is submitted to the municipality for subdivision,
land development, or other improvements that require plan submissions
or permits. This initial determination shall be subject to review
and approval by the Municipal Engineer, governing body, or its appointed
representative.
The following uses are permitted, either by right or after review and approval by the municipality, in the conservation easement zone. However, within any buffer, no construction, development, use, activity, or encroachment shall be permitted unless the activity is described in the Conservation Easement Management Plan, as outlined in § 225-81.9.
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 Conservation
Easement Management Plan.
(b)
Streambank stabilization in compliance with
the guidelines of the Conservation Easement Management Plan.
(c)
Buffer crossings by farm vehicles and livestock.
(d)
All agricultural uses.
(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 Conservation Easement
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 Conservation Easement 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.
(d)
All agricultural uses.
(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 Conservation
Easement 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 Conservation Easement 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 Conservation Easement 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 § 225-81.4 shall be prohibited within the conservation easement zone. By way of example, the following activities and facilities are specifically prohibited:
A.
Clear-cutting of trees and other vegetation.
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 Conservation Easement 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 § 225-81.4 of this article.
I.
Motor vehicle or wheeled-vehicle traffic in any area
not designed to accommodate adequately the type and volume.
J.
Parking lots.
K.
Any type of permanent structure, including fences, except structures needed for a use permitted in § 225-81.4.
L.
Subsurface sewage disposal areas.
M.
Sod farming.
Nonconforming structures and uses of land within
the conservation easement 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 § 225-81.4 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 conservation easement zone, as measured against the intent and objectives under § 225-81.1, 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.
A.
When a landowner or applicant disputes the Zone One
or Two boundaries of the conservation easement or the defined edge
of a watercourse or surface water body, the landowner or applicant
shall submit evidence to the municipality that describes the boundary,
presents the landowner's or applicant's proposed boundary, and presents
all justification for the proposed boundary change.
B.
The Municipal Engineer, governing body or appointed
representative shall evaluate all material submitted and shall make
a written determination within 45 days, a copy of which shall be submitted
to the governing body, Municipal Planning Board, and landowner or
applicant.
C.
Any party aggrieved by any such determination or other
decision or determination under this section may appeal to the municipality
under the provisions this article. The party contesting the location
of the district boundary shall have the burden of proof in case of
any such appeal.
A.
Lands within an identified conservation easement zone
will be inspected by the Municipal Engineer when:
B.
The district may also be inspected periodically by
the municipal representatives for compliance with an approved restoration
plan, excessive or potentially problematic erosion or at any time
when the presence of an unauthorized activity or structure is brought
to the attention of municipal officials.
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 Conservation Easement Management
Plan, as specified below.
A.
The landowner or developer shall submit to the Municipal
Engineer, governing body, or its appointed representative, a Conservation
Easement Management Plan prepared by a landscape architect, professional
engineer or other qualified professional.
B.
The Conservation Easement Management Plan shall fully
evaluate the effects of any proposed uses upon the conservation easement
zone.
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 conservation easement
zone.
To function properly, dominant vegetation in
the Conservation Easement Management Plan shall be selected from a
list of plants most suited to the conservation easement. 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 water-tolerant trees, shrub species, tall grasses
and appropriate plantings necessary for streambank stabilization.
B.
In Zone Two, dominant vegetation shall be composed
of water-tolerant trees and shrubs, with an emphasis on native species
and appropriate plantings necessary to stabilize the soil.
C.
Disturbed areas shall be revegetated with conservation
easement plants, in compliance with an approved Conservation Easement
Management Plan.
D.
Areas that cannot be revegetated shall be restored
in compliance with an approved Conservation Easement Management Plan.
