[Amended 7-5-1990 by Ord. No. 9015]
A.
The purpose of the Environmental District is to recognize
that certain areas within Ventnor City are subject to tidal flow and/or
flooding and fall within the rules and regulations under the Coastal
Area Facility Review Act (CAFRA).[1] These coastal wetlands contribute to the physical stability
of the coastal zone by serving as:
(1)
A transition area between the forces of the open sea
and upland areas, by absorption and dissipation of wind driven storm
waves and storm surges.
(2)
A floodwater storage area, thus reducing inland damage.
(3)
Sediment and pollution traps. Also, wetlands perform
naturally the wastewater treatment process of removing phosphorus
and nitrogenous water pollutants and are critical to the functioning
of the estuarine and marine ecosystems. Therefore, in accordance with
the policies of the New Jersey Legislature at N.J.S.A. 13:9A-1 et
seq., this subsection regulates the development and use of coastal
wetlands located within the City of Ventnor City.
[1]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
B.
COASTAL WETLANDS
COASTAL WETLANDS MAP
PERMITTED USES
PROHIBITED USES
REGULATED USES
Definitions. As used in this section, the following
terms have the meanings indicated:
Any bank, marsh, swamp, meadow, flat or other low land subject
to tidal action in Ventnor City along the Beach thoroughfare and the
coastal island waterways and at any inlet, estuary or tributary waterway
thereof, including these areas now or formerly connected to tidal
waters where the surface is at or below an elevation of one foot above
local extreme high water.
Lands lying within the coastal wetlands identified on a map
entitled "Plan of Lands Affected, Wetland Map," published by the State
of New Jersey Department of Environmental Protection and filed with
the Atlantic County Clerk.
A use specifically permitted on coastal wetlands as provided
in this chapter.
Any activity or use of wetlands specifically prohibited by
the Procedural Rules and Regulations promulgated by the State Department
of Environmental Protection to implement the Wetlands Act (N.J.S.A.
13:19A-1 et seq.).
Any activity or use of the wetlands conditioned upon the
issuance of a waterfront development permit from the Commissioner
of the State Department of Environmental Protection in accordance
with the Procedural Rules and Regulation promulgated by the State
Department of Environmental Protection to implement the Wetlands Act
(N.J.S.A. 13:9A-1 et seq.).
C.
Permitted uses. The following general categories of
uses shall be permitted subject to any restrictions promulgated by
the State Department of Environmental Protection, and construction
shall be subject further to site plan review by the City of Ventnor
City Planning Board and the issuance of a construction permit in accordance
with the applicable requirements of this chapter:
(1)
Public recreational uses associated with the natural
environment and not requiring the construction of any structures,
streets or parking.
(2)
Public wildlife preserves designed for passive recreation.
(3)
Dams, culverts and bridges with appropriate state,
federal and local approvals.
(4)
Utility transmission lines, subject to Planning Board
approval.
D.
Accessory uses. The following accessory uses shall
be permitted:
(1)
Water-oriented uses, including, but not limited to,
marinas and boat slips.
E.
Prohibited uses. No person shall engage in or cause
other persons to engage in prohibited activities. The following activities
shall be prohibited:
(1)
Placing, depositing or dumping any solid waste, garbage,
refuse, trash, rubbish or debris.
(2)
Dumping or discharging treated or untreated domestic
sewage or industrial wastes, either solid or liquid.
(3)
Applying any pesticide on areas containing significant
stands of high-vigor Spartina alterniflora (salt marsh cordgrass),
Zizania aquatica (wild rice), Typha species (cattail) and Scirpus
americanus (common three-square) as shown generally on the Coastal
Wetlands Map.
(4)
The storage or disposal of pesticides.
(5)
Applying persistent pesticides.
Lands within the Environmental District shall
not be used to calculate lot area or as a part of permitted density
calculations unless specifically approved by the Planning Board.
