[Added 9-12-1989]
Land or water falling in the following classifications
shall be deemed to be critical areas for purposes of this article:
A.
Flood hazard area: The stream channel and the relatively
flat area adjoining the channel of a natural stream which has been
inundated or covered by floodwaters from a one-hundred-year storm
frequency flood as defined by the New Jersey Department of Environmental
Protection.
B.
Wetlands area: Areas saturated by surface or ground
water and/or containing hydrophytic vegetation and as further defined
in N.J.S.A. 13:9B-1 et seq., entitled "Freshwater Wetlands Protection
Act."
C.
Critical slope area: Any area having a grade of greater
than 25%.
D.
Steep slope area: Any area having a grade of 15% to
25%.
E.
Stream area: Any body of continuously or intermittently
flowing water, whether designated as a stream, brook, river or otherwise,
and consisting of a bed and banks.
F.
Lake area: Any nonflowing body of water with a mean
depth of three feet or greater and a surface area greater than one
acre, whether designated as a pond, lake or reservoir.
This article shall apply to all applications
for minor or major subdivision or site plan approval in all zone districts
of the Borough of Netcong.
A.
Regulations for flood hazard areas. Notwithstanding
any other provision of this chapter, development in flood hazard areas
shall be regulated as follows:
(1)
In flood hazard areas having a drainage area of less
than 50 acres, no building or structure shall be erected or constructed,
either above or below ground level, within the flood hazard area or
within a minimum of 50 feet from the center line of any stream.
(2)
In a flood hazard area having a drainage area of 50
acres or greater, no building or structure shall be erected or constructed,
either above or below ground level, except in accordance with a stream
encroachment permit issued pursuant to the Flood Hazard Area Control
Act, N.J.S.A. 58:16A-50 et seq., and a minimum of 50 feet from the
top of the stream embankment.
B.
Regulation for wetlands. The extent of municipal regulation
of wetlands is dependent upon whether or not the wetlands and proposed
activity fall within the jurisdiction of the New Jersey Department
of Environmental Protection (NJDEP) pursuant to the New Jersey Freshwater
Wetlands Act (the "Act"), N.J.S.A. 13:9B-1 et seq. The NJDEP has exclusive
control over regulated activities within freshwater wetlands as defined
in the act.
(1)
The Planning Board shall, upon receipt of an application
for development, initially determine whether all or part of each application
falls within wetlands, as defined in this article. If an affirmative
determination is made, the applicant shall be instructed in writing
to submit to the NJDEP a request for a freshwater wetlands letter
of interpretation pursuant to N.J.A.C. 7:7A-8 et seq. No such application
for development shall be deemed complete unless and until a response
from the NJDEP is received. The regulation of activities within such
wetlands shall be within the exclusive jurisdiction of NJDEP. Nothing
contained herein shall, however, be construed so as to limit the power
of the Borough or its agencies to submit comments upon such applications
or request for a letter of determination.
(2)
In lieu of the above, any applicant who acknowledges
the need for a NJDEP freshwater wetlands permit may waive the initial
municipal determination and NJDEP letter of interpretation and submit
a direct application to NJDEP for a freshwater wetlands permit.
(3)
If NJDEP determines a permit is necessary, no application
for development shall be considered complete for the purpose of Borough
review until such time as said permit is obtained. Nothing contained
herein shall limit the authority of the reviewing board to conduct
a review of any development application during the pendency of NJDEP
review.
C.
Regulations for lake and stream areas. Notwithstanding
any other provision of this chapter, no building or structure shall
be erected or constructed, either above or below ground level, within
50 feet of the edge of any pond, lake or stream. Nothing contained
herein, however, shall be construed to prohibit the construction and
maintenance of dams or other structures for the impoundment or retention
of water in any such stream, pond or lake or of dug ponds or reservoirs,
provided that all applicable requirements and approvals of any public
authority having jurisdiction over such matters are met and obtained.
The following shall be permitted uses or activities in lake or stream
critical areas, provided that they do not disturb the natural and
indigenous character of the areas and are otherwise permitted in the
zone in which the premises is located:
[Amended 7-11-1996 by Ord. No. 96-8]
(1)
Conservation of soil, vegetation, water, fish and
wildlife.
(2)
Fishing, swimming, boating, water-skiing and hunting.
(3)
Trails for nonmotorized use.
(4)
Grazing.
(5)
Dispersal areas for surface water.
(6)
Docks, piers, boathouses, marinas and fences constructed
in accordance with Borough ordinances.
D.
Regulations for steep and critical slope areas. To
protect environmentally sensitive areas, including those with critical
and steep slopes and lands both public and private which may be adjacent
thereto or affected thereby, the applicable provisions of this chapter
90 relating to minimum lot sizes and density of development shall
be modified in areas of slopes greater than 15%. Slope calculations
shall be based on elevation or contour intervals of two feet and shall
be computed as follows:
(1)
Determine the area of each part of the proposed lot
for each slope range in the slope factor table below.
(2)
Multiply each area determined in Subsection D(1) by the appropriate slope factor in the slope factor table.
(4)
Compare the results of Subsection D(3) with the minimum lot area requirement of the zone to determine the deficiency, if any.
(5)
Increase the initial lot area by the deficient amount,
repeating the above steps until the lot size conforms to the zoning
requirements.
Slopes
(percent)
|
Factor
|
---|---|
0% to 15%
|
1.00
|
15.1% to 25%
|
0.33
|
25.1% or greater
|
0.20
|
E.
The foregoing provisions shall not be construed to
preclude the installation of underground utility lines through the
above-designated areas.
[Amended 12-10-1996 by Ord. No. 96-14]
Variances to these critical area regulations
shall be heard as C-variances. The Planning Board may grant a variance
from any of these critical area regulations in accordance with the
procedures for a C-variance established in § 194-22A(3).[1] The Board may request detailed plans, sketches, the preparation
of an environmental impact statement or the provision of such other
information as it may deem necessary. In considering requests for
such variances, the reviewing board may refer the request to the Borough
Engineer, the Environmental Commission, the Morris County Soil Conservation
District, the Board of Health, the Lake Musconetcong Regional Planning
Board and any other public agency for comment and recommendations.