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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.
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]
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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.
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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.
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[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.
