The New Jersey Department of Environmental Protection (NJDEP) has exclusive control over regulated activities within freshwater wetlands as defined in the New Jersey Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq. The purpose of these regulations is to coordinate municipal development review procedures with the wetlands regulations of NJDEP.
A. 
Documentation. All freshwater wetlands, and all wetland transition areas required pursuant to N.J.A.C. 7:7A-1 et seq., or any successor regulations, shall be clearly shown on all subdivisions, site plans, lot grading plans, and/or other development plans submitted to the Township for any development approval. Whenever it has been confirmed that no wetlands or wetland transition areas are present on a site, a note to that effect shall be shown on the plans for development.
B. 
NJDEP file identification number. Whenever on-site freshwater wetlands and/or wetland transition areas have been verified by NJDEP through the issuance of a letter of interpretation (LOI), all subdivision, site plans, lot grading plans, and/or other plans submitted to the Township for any development approval shall include therein the wetlands line file identification number assigned by NJDEP in connection with the issuance of an LOI for the property.
C. 
Disturbance fencing. To prevent encroachment into freshwater wetlands and wetland transition areas, the developer of any approved subdivision, site plan, lot grading plan or other development plan shall install disturbance fencing in accordance with the requirements of the NJDEP and the Morris County Soil Conservation District before the commencement of any land disturbance or construction adjacent to any freshwater wetlands and/or wetland transition area.
D. 
Silt fencing. Prior to the commencement of any land disturbance or construction, the developer of any approved subdivision, site plan, lot grading plan, or other development plan shall install silt fencing and/or hay bales downstream of any disturbance area adjacent to freshwater wetlands and/or wetland transition areas in accordance with the requirements of the NJDEP and the Morris County Soil Conservation District.
E. 
Proof of recording of deed restriction. Prior to the signing of any approved minor subdivision plat or deed description, final major subdivision plat, or final site plan drawings, the applicant shall submit to the secretary of the reviewing board proof that any deed restrictions required by the NJDEP in connection with transition area averaging or other transition area modifications associated with the approved subdivision or site plan have been duly recorded in the land records of the Clerk of Morris County.
F. 
Recording notice of wetland limits. As a condition of approval of any application for development of any lot containing freshwater wetlands and/or wetland transition areas, the applicant shall be required to record in the land records of the Clerk of Morris County a mapped description of the limits of such freshwater wetlands and/or wetland transition areas, together with a bold print notice that no land disturbance or other activities may be undertaken therein without the obtaining of all necessary prior approvals from the NJDEP.
G. 
Waiver for improvements to existing single-family dwellings. Whenever any variance or grading permit is sought for any addition to or modification of any existing single-family dwelling and/or the lot on which it is located, the Board of Adjustment, when acting on a variance, and the Township Engineer, when acting on a grading permit, may waive the requirements of Subsections A, B, and/or F of this section (to the extent they are applicable) when it is reasonably clear to the reviewing authority that there exist no on-site wetlands and/or wetland transition areas, or that any on-site wetlands and/or wetland transition areas are remote from the areas of proposed development and/or disturbance. Nothing herein shall authorize or permit any unlawful disturbance of or activities within freshwater wetlands and/or wetland transition areas.
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Editor's Note: Former § 230-101, Regulation of slopes, as amended, was repealed 3-9-2021 by Ord. No. 2021-03.