All applications for development including development of an individual lot, shall be subject to the following restrictions with respect to topographic and environmental features.
[Ord. #585, § 502; Ord. #1269, 8-26-1997, amended]
[Ord. #585, § 502A; Ord. #760, §§ 20-21; Ord. #1269, 8-26-1997, amended]
a. 
Wetland Delineation. A wetlands letter of interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) shall be submitted as part of the application for any major subdivision or major site plan application. A minor subdivision application or a building permit application for an individual lot shall not be required to submit an LOI; however, an on-site wetland delineation shall be prepared by a qualified consultant. If wetlands are present that could be impact by the proposed improvements, a NJDEP approved LOI shall be submitted with the minor subdivision application or building permit application. If no wetlands are observed, a note to that effect shall be shown on the plans.
1. 
Documentation. All wetland and transition areas required pursuant to N.J.A.C. 7:7A-1 et seq. (New Jersey Freshwater Wetlands Protection Act Rules) or any successor statutes or regulations shall be clearly shown on all plats or site plans submitted for approval.
2. 
All final plats, final site plans or individual lot building plans shall include the wetland line(s) identification number as assigned by NJDEP, pursuant to the Freshwater Wetlands Protection Act.
b. 
Wetland Protection Standards. To prevent adverse impacts on delineated wetlands, the following guidelines shall be employed:
1. 
A snow fence shall be installed along the limit of disturbance outside of the final wetland transition area boundary line prior to the commencement of on-site construction, so as to prevent encroachment into these regulated areas.
2. 
A silt fence and/or hay bales should be installed downstream from disturbance areas adjacent to the state-mandated wetland transition area line (or buffer) so as to prevent the transport of silt into the wetland areas.
3. 
The applicant shall avoid encroachment into state-regulated wetland and transition areas. All existing on-site vegetation within or adjacent to the wetland areas shall be preserved.
4. 
Prior to signing of the final plat or site plan, the applicant shall provide evidence of the filing of any deed restriction required by NJDEP to permit transition area modifications.
5. 
Whenever a conservation easement is required pursuant to Subsection 21-14.1c below, the easement boundaries shall be delineated with survey monuments to ensure that future encroachment and disturbance of the easement does not occur. The quantity and location of monuments shall be sufficient to adequately identify the easement and shall be shown on the plans and subject to approval by the Township Engineer, provided the spacing of monuments shall not exceed 100 feet. Performance of the monument installation shall be guaranteed by a surety, such as a bond, cash or letter of credit, which shall be provided to the Township prior to the Township issuing any permits relating to the proposed site work.
[Ord. #1540, 5-14-2002, added]
c. 
Conservation Easement. Whenever an LOI or wetlands delineation is required under Subsection 21-14.1a above, all wetlands and transition areas shall be protected by a conservation easement running to the Township. Such conservation easement shall, at the request of the owner of such a property, be amended to conform to any subsequent modification of the included transition areas, provided that such modification is first approved by the New Jersey Department of Environmental Protection. Modifications may include, but are not limited to, transition area averaging plans. An owner may request such modification by submitting an amendatory deed to the Township Engineer for review and approval. The owner shall be responsible to reimburse the Township for the cost of having any in-house or outside professional or technical personnel review the proposed amendatory deed.
[Ord. #585, § 502B; Ord. #760, § 22; Ord. #1269, 8-26-1997, amended; Ord. #1539, 5-14-2002, amended]
a. 
The purpose of this subsection is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss and erosion and the degradation of surface water.
b. 
The applicant shall prepare a steep slope map based on ten-foot contour intervals showing slope classes of 0% to 14.9%, 15% to 19.9%. 20% to 25% and greater than 25%. The map shall also include a calculation of the area of proposed disturbance of each slope class on each existing and proposed lot, as well as within any proposed road right-of-way.
1. 
Areas with slopes ranging from 0% to 14.9% are not restricted to development.
2. 
Areas with slopes ranging from 15% to 25% shall require detailed grading plans and architectural plans. The Board must find that drainage and erosion problems will not result from the development and that the architecture is specifically designed to accommodate the topography. Roads and driveways should be designed to follow the natural topography to the greatest extent possible to minimize the disturbance of steep slope areas.
(a) 
Areas with slopes ranging from 15% to 19.9% shall have disturbed areas limited to 40% of that slope category.
(b) 
Areas with slopes ranging from 20% to 25% shall have disturbed areas limited to 20% of that slope category.
3. 
In areas with slopes greater than 25%, no development, regrading or stripping of vegetation shall be permitted unless the disturbance is for roadway crossings or utility construction and it can be demonstrated that the roadway or utility improvements are necessary in the sloped area for the improvement to exist.
4. 
For applications requiring development plan approval by the Board, the Board may require that areas with slopes greater than 25% be protected by a conservation easement running to the Township. if an area is to be preserved in its entirety due to the presence of steep slopes, the applicant may offer the area for dedication to the Township, a private land trust or a nonprofit agency in order to preserve and maintain the area in its natural state.
[Ord. #585, § 502C; Ord. #760, § 23; Ord. #848, § 1]
No application for development of any property which is subject to Bernards Township Chapter XXV entitled, "An Ordinance of the Township Committee of the Township of Bernards Providing for Flood Damage Prevention," shall be approved unless the developer of such property shall have satisfied all applicable requirements of said ordinance. No development (as defined in said ordinance) shall be conducted upon any such property unless the developer shall have obtained all applicable permits pursuant to said ordinance. For purposes of said ordinance, the definitions in said ordinance shall prevail over any conflicting definitions in this Land Development Ordinance.
Whenever this Land Development Ordinance refers to any term with reference to Subsection 21-14.3, reference should be made to the definitions of terms in Section 21-3.
[Ord. #1504, 11-8-2001, added; Ord. #1730, 7-13-2004, amended; Ord. #1895, 9-26-2006, amended; Ord. #2521, 5-23-2023, amended]
a. 
Purpose and Intent. Vegetation adjacent to surface waters is essential for maintaining bank stability and water quality. The indiscriminate disturbance of such vegetation destabilizes the channels and banks of surface waters, which leads to increased erosion and sedimentation that exacerbates the intensity and frequency of flooding. The loss of vegetation adjacent to surface waters also reduces filtration of stormwater runoff and subjects surface waters to increased sun exposure, which causes water temperatures to rise and dissolved oxygen content to fall. Such impacts adversely affect the health and habitat of fish and wildlife that depend upon clean surface waters and therefore disrupt the ecological balance that is necessary for life. Humans are ultimately affected by this imbalance since clean water is essential for all life. The purpose of this subsection is to preserve the quality of surface waters, and to protect the wildlife and vegetation that exist within and depend upon such areas for sustenance and habitat, and specifically to:
1. 
Reduce the amount of nutrients, sediment, organic matter, pesticides and other harmful substances that reach watercourses, wetlands and subsurface and surface water bodies by using scientifically proven processes, including filtration, deposition, absorption, adsorption, plant uptake, biodegradation and 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 while 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 section and 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, floodways, floodplains, 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 stream features.
7. 
Conserve natural, scenic and recreation areas within and adjacent to stream areas for the community's benefit.
b. 
This subsection hereby adopts by reference the provisions relating to riparian zones as set forth in the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), as they exist at the time of adoption of this subsection and as they may change from time to time.
c. 
Definitions. The terms used in this subsection shall have meanings as defined in § 21-3 and, if not defined in § 21-3, as defined in the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), the Stormwater Management Rules (N.J.A.C. 7:8), the Water Quality Management Planning Rules (N.J.A.C. 7:15), and the Surface Water Quality Standards (N.J.A.C. 7:9B), as they exist at the time of adoption of this subsection and as they may change from time to time.
d. 
Determining the Riparian Zone. Generally speaking, a riparian zone is the land and vegetation within and adjacent to both sides of a regulated watercourse. It may extend 50 feet, 150 feet, or 300 feet from the top of bank of the watercourse, depending on the environmental sensitivity of the watercourse and its surrounding area. With a few exceptions, as set forth in N.J.A.C. 7:13-2.2 and 2.3, and subject to individual analysis of the specific property in question, every watercourse having a drainage area of 50 acres or greater possesses a riparian zone. Also, any naturally occurring watercourse having a discernible channel possesses a riparian zone, no matter how small the drainage area. The width of a riparian zone shall be as indicated below and as set forth in N.J.A.C. 7:13:
1. 
The width of the riparian zone along any regulated water designated as a Category One water, and all upstream tributaries situated within the same HUC-14 watershed, is 300 feet;
2. 
Except for the regulated waters listed at § 21-14.4d1 above, the width of the riparian zone along the following regulated waters is 150 feet:
(a) 
Any trout production water and all upstream waters (including tributaries);
(b) 
Any trout maintenance water and all upstream waters (including tributaries) located within one mile of a trout maintenance water (measured along the length of the regulated water); and
(c) 
Any segment of a water flowing through an area that contains a threatened or endangered species, and/or present or documented habitat for those species, which is critically dependent on the regulated water for survival, and all upstream waters (including tributaries) located within one mile of such habitat (measured along the length of the regulated water). A list of critically dependent species is available from the New Jersey Department of Environmental Protection at the website set forth at N.J.A.C. 7:13-1.3; and
3. 
For all other regulated waters not identified in § 21-14.4d1 or 2 above, the width of the riparian zone is 50 feet.
e. 
Responsibility for Riparian Zone Determination. The applicant or his or her designated representative shall be responsible for the initial width determination of a riparian zone and for identifying the riparian zone on any plan submitted to the Township in conjunction with an application for a construction permit or development plan approval or whenever the width determination is deemed necessary by the Zoning Enforcement Officer in order to determine compliance with this subsection. The initial determination shall be subject to approval by the Township Engineer and, when required pursuant to N.J.A.C. 7:13, subject to verification by the New Jersey Department of Environmental Protection.
f. 
Development Within a Riparian Zone. No development, disturbance of land or vegetation, use or activity is permitted within a riparian zone unless the applicant has obtained from the New Jersey Department of Environmental Protection an individual permit or a general permit, or has complied with the requirements of a permit-by-rule or a general permit-by-certification, as set forth in N.J.A.C. 7:13. An activity that is not a regulated activity pursuant to N.J.A.C. 7:13-2.4 is not subject to the requirement of this subsection.
g. 
Establishing a Riparian Zone Conservation Easement.
1. 
When an applicant submits any of the following applications, the applicant shall establish a riparian zone conservation easement containing the riparian zone on the subject property.
(a) 
An application to the Construction Code Office for a construction permit for work within a riparian zone, excluding an application involving only a fence.
(b) 
An application to the Planning Board or Board of Adjustment for approval of a development plan, excluding an application involving only a fence.
2. 
The riparian zone conservation easement shall be in a form acceptable to the Township and shall be recorded in the Office of the Somerset County Clerk prior to the Township issuing any permit and prior to the applicant commencing any use relating to the application. In the event the subject property contains a stream buffer conservation easement established under a prior version of this subsection, the stream buffer conservation easement shall be extinguished in favor of the riparian zone conservation easement.