[HISTORY: Adopted by the Township Council
of the Township of East Hanover 7-15-2002 by Ord. No. 9-2002.
Amendments noted where applicable.]
The specific purpose and intent of this chapter
is to:
A.
Regulate the land use, siting and engineering of all
development to be consistent with the intent and objectives of this
chapter and accepted conservation practices, so as to respect the
carrying capacity of existing natural resources as new development
occurs.
B.
Reduce the amount of nutrients, sediment, organic
matter, pesticides and the harmful substances that reach watercourses,
wetlands and other surface water bodies as well as subsurface waters
by optimizing scientifically proven processes including filtration,
deposition, absorption, adsorption, plant uptake, biodegradation,
denitrification through stabilizing concentrated flows and encouraging
distributed sheet flow and by improving infiltration.
C.
Provide for shading (i.e. cooling) of the aquatic
environment so as to moderate temperatures, protect fish habitat,
retain more dissolved oxygen and encourage the growth of diatoms,
beneficial algae and aquatic insects.
D.
Provide organic matter through leaf debris which falls
into the stream and becomes trapped by woody debris (fallen trees
and limbs) and rocks where such provides food and habitat for small
bottom-dwelling organisms (insects, amphibians, crustaceans and small
fish) essential to maintain the food chain.
E.
Increase streambank stability and maintain natural
fluvial geomorphology of the stream system, reducing streambank erosion
and sediment production and protecting fish habitat.
F.
Conserve the natural features important to land and
water resources (e.g. headwater areas, groundwater recharge zones,
floodway, floodplain, springs, streams, wetlands, woodlands, prime
wildlife habitats) and other features constituting high recreational
value or containing amenities that exist on developed and undeveloped
land.
G.
Conserve natural, scenic and recreation areas within
and adjacent to stream areas for the community unity's benefit,
promoting the positive functions of greenways.
H.
Improve and maintain the safety, reliability and adequacy
of the water supply for domestic, agricultural, commercial, industrial
and recreational uses along with sustaining diverse populations of
aquatic flora and fauna.
I.
Work with floodplain, steep slope and other ordinances
that regulate environmentally sensitive areas to minimize hazards
to life, property and stream features.
J.
Assist in the implementation of pertinent state laws
concerning erosion and sediment control practices.
For the purposes of this chapter, the following
words and phrases shall have these definitions:
A stream that does not always have water in it, that has
a drainage area of 50 acres or greater, or is portrayed as a dashed
line on a USDA soil survey map of the most recent edition, whichever
is more restrictive.
A stream that flows continuously throughout the year in most
years.
The Planning Board or Board of Adjustment of the Township
of East Hanover, whichever shall have jurisdiction over the respective
subdivision or land development application.
A natural watercourse containing flowing water for at least
part of the year.
A.
The Stream Corridor Protection Zone is defined as
those areas surrounding municipally designated surface water bodies,
including creeks and intermittent watercourses that intercept surface
water runoff, wastewater, subsurface flow and/or deep groundwater
flows from upland sources and function to remove or buffer the effects
of associated nutrients, sediment, organic matter, pesticides or other
pollutants prior to entry into surface waters. This area may also
provide wildlife habitat, control water temperature, attenuate flood
flow, and provide opportunities for passive recreation. This buffer
area may or may not contain trees and other native vegetation at the
time this chapter is enacted.
B.
The establishment of the Stream Corridor Protection
Zone applies to the following areas which are identified on the municipal
stream buffer map:
C.
Procedural applicability.
(1)
These provisions are intended to modify the location
of development in relation to specified water resource areas but not
to modify its overall intensity. These provisions apply to land disturbances
resulting from or related to any activity or use requiring issuance
of any of the following permits or approvals:
(2)
On any lot of record at the time of adoption of this
chapter, the Construction Official may issue a permit for building
activity in accordance with all applicable zoning and subdivision
regulations[1] where such building activity intrudes into the Stream
Corridor Protection Zone, subject to a determination by the Director
of Land Use that the intrusion is limited to the minimum practicable
extent necessary to accommodate the proposed building activity.
(3)
Where any applicant demonstrates to the satisfaction
of the reviewing board that strict adherence to these principles will
render the lot or tract unusable or unsuitable for development in
accordance with all applicable zoning and subdivision regulations
or demonstrates that alternative design provisions will achieve comparable
conservation objectives, the reviewing board may waive compliance
with these provisions. In so waiving compliance, the reviewing board
may require that alternative means to achieve conservation objectives
as listed above be incorporated into the applicable plans.
D.
The measurement of the Stream Corridor Protection
Zone shall extend to a minimum of 75 feet from each defined edge of
an identified watercourse or surface water body at bankful flow or
level, or shall equal the extent of the one-hundred-year floodplain,
whichever is greater. There shall be two distinct zones, designated
as Zone One and Zone Two.
(1)
Zone One will begin at each edge of an identified
waterway (which can include wetlands and intermittent watercourses)
and will occupy a margin of land with a minimum width of 25 feet measured
horizontally on a line perpendicular to the edge of water at bankful
flow. In the event that a steep slope (in excess of 25%) shall be
located within 25 feet of a municipally designated watercourse, Zone
One shall extend the entire distance of this sloped area. If the distance
of this sloped area is greater than 75 feet, there will be no requirement
for the establishment of Zone Two. If the distance is less than 75
feet, the width of Zone Two will be adjusted so that the total buffer
width (Zone One plus Zone Two) will be a maximum of 75 feet.
(2)
Zone Two will begin at the outer edge of Zone One
and occupy a minimum width of 50 feet in addition to Zone One. Where
the one-hundred-year floodplain extends greater than 75 feet from
the waterway, Zone One shall remain a minimum of 25 feet wide and
Zone Two shall extend from the outer edge of Zone One to the outer
edge of the one-hundred-year floodplain.
(3)
The developer applicant or designated representative
shall be responsible for the initial width determination of the Stream
Corridor Protection Zone and for identifying the area on any plan
that is submitted to the municipality for subdivision, land development,
or other improvements which require plan submission or permits. This
initial determination shall be subject to review and approval by the
reviewing board.
In addition to regulated activities permitted
by the state, provision for unpaved trail access and selective removal
of hazardous or invasive vegetative species, the following uses are
permitted in the Stream Corridor Protection Zone, either by right
or after review and approval by the Director of Land Use. However,
within any buffer, no construction, development, use, activity or
encroachment shall be permitted unless the activity is described in
the stream buffer management plan as set forth below.
A.
Zone One.
(1)
As a matter of right, open space uses which are primarily
passive in character shall be permitted to extend into the area defined
as Zone One, including:
(a)
Wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, passive areas of public and private parkland,
and reforestation in compliance with the guidelines of the stream
corridor management plan.
(b)
Streambank stabilization in compliance with
the guidelines of the stream corridor management plan.
(2)
Subject to approval of a reviewing board, zone crossings
by recreational trails, roads, railroads, centralized sewer and/or
water lines, and public utility transmission lines shall be permitted,
provided that any disturbance is offset by buffer improvements identified
in the stream corridor management plan.
B.
Zone Two.
(1)
The following uses, which are primarily passive, shall
be permitted by right to extend into the area defined as Zone Two:
(a)
Open space uses including wildlife sanctuaries,
nature preserves, forest preserves, fishing areas, passive areas of
public and private parkland, and recreational trails.
(b)
Reforestation in compliance with appropriate
guidelines as specified in the stream corridor management plan as
set forth below.
(c)
Minimum required front, side and rear yards
on private lots, provided that no yard may extend into Zone Two more
than half the distance between the outer boundaries of Zone One and
Zone Two.
(2)
The following uses require approval of a municipal
reviewing board:
(a)
Buffer crossings by roads, railroads, centralized
sewer and/or water lines, and public utility transmission lines shall
be permitted, provided that any disturbance is offset by buffer improvements
identified in the stream corridor management plan.
(b)
Centralized sewer and/or water lines and public
utility transmission lines running along the buffer, provided that
any disturbance is, at a minimum, offset by buffer improvements identified
in the stream corridor management plan. These lines shall be located
as far from Zone One as practical.
(c)
Selective cutting of trees when removal is consistent
with approved standards in the stream corridor management plan.
(d)
Areas such as camps, campgrounds, picnic areas
and golf courses. Active recreation areas such as ballfields, playgrounds
and courts provided these uses are designed in a manner that will
not permit concentrated flow.
(e)
Naturalized stormwater basins in compliance
with the provisions of the stream corridor management plan. The entire
basin shall be located a minimum of 50 feet from the defined edge
of an identified watercourse.
Any use or activity not authorized in § 131-4 hereof shall be prohibited within the Stream Corridor Protection Zone. No woodland disturbance or other land disturbance shall be permitted within 25 feet of the outermost limit of any wetland or streambank, measured horizontally, except as noted in this chapter. By way of example, but without limitation, the following activities and facilities are specifically prohibited:
A.
Clear-cutting of trees or other vegetation.
D.
Removal of trees in excess of selective cutting, except
where such removal is necessary as a means to eliminate dead, diseased
or hazardous tree stands that jeopardize the public safety or as part
of a reforestation project, provided that the removal is in compliance
with a stream corridor management plan approved by the Municipal Engineer,
the Township Council or its designated representative.
E.
Removal or disturbance of vegetation in a manner that
is inconsistent with erosion control and/or buffer protection.
F.
Storage of any hazardous materials.
G.
Use of fertilizers, pesticides, and/or other chemicals
in excess of prescribed industry standards or the recommendation of
the Morris County Soil Conservation District.
H.
Roads or driveways, except where permitted as buffer crossings in compliance with § 131-4 hereof.
I.
Motor or wheeled vehicle traffic in any area not designated
to accommodate adequately the type or volume.
J.
Parking lots.
K.
Any type of permanent structure, including fences, except structures needed for uses permitted in § 131-4 hereof.
L.
Subsurface sewage disposal systems.
Nonconforming structures and uses of land within the Stream Corridor Protection Zone shall be regulated under the provisions of the Zoning and Land Uses provisions of the Code of the Township of East Hanover (Chapter 95) regarding existing nonconforming use regulations. The following additional regulations shall apply also:
A.
Existing nonconforming structures or uses within Zones One and Two that are not permitted under § 131-4 hereof may be continued but shall not have the existing building footprint or uses expanded or enlarged.
B.
Discontinued nonconforming uses may be resumed provided that there has been no clear indication of abandonment. No change or resumption shall be permitted that is more detrimental to the Stream Corridor Protection Zone, as measured against the intent and objectives under § 131-1 hereof, than the existing or former nonconforming use.
A.
When a landowner or applicant disputes the Zone (One
or Two) boundaries of the Stream Corridor Protection Zone, or the
defined edge of a watercourse, the landowner or applicant shall submit
evidence to the appropriate reviewing board describing the boundary,
the landowner or applicant's proposed boundary and all justification
for the proposed boundary change.
B.
The Township Engineer shall evaluate all material
submitted and shall make a written determination within 45 days, a
copy of which shall be submitted to the appropriate reviewing board
and to the landowner or applicant.
C.
Any party aggrieved by such determination or other determination or decision under this section may appeal the same under the provisions of § 25 of Chapter 95 of the Code of the Township of East Hanover. The party contesting the location of the boundary shall have the burden of proof in the case of such an appeal.
D.
Inspections.
(2)
The Stream Corridor Protection Zone may also be inspected
periodically by the designated representatives of the Township of
Fast Hanover if excessive or potentially problematic erosion is present,
other problems are discovered, or at any time when the presence of
an unauthorized activity is brought to the attention of the Township
of East Hanover or its officials or representatives.
A.
Within the Stream Corridor Protection Zone, no construction,
development, use, activity or encroachment shall be permitted unless
the effects of such development are accompanied by preparation, approval
and implementation of a stream corridor management plan.
(1)
The landowner, applicant or developer shall submit
to the reviewing board a stream corridor management plan prepared
by a landscape architect, professional engineer or other qualified
professional. Such plan shall fully evaluate the effects of any proposed
uses in the Stream Corridor Protection Zone.
(2)
The stream corridor management plan shall identify
the existing conditions (vegetation, one-hundred-year floodplain,
soils, slopes etc.), all proposed activities, and all proposed management
techniques, including any measures necessary to offset disturbances
to the Stream Corridor Protection Zone. The plan shall be approved
by the Township Engineer as part of the subdivision and land development
process.
(3)
The stream corridor management plan should include
management provisions in narrative and/or graphic form specifying:
(a)
The manner in which the Zone will be owned and
by whom it will be managed and maintained.
(b)
The conservation and/or land management techniques
and practices which will be used to conserve and protect the Zone,
as applicable.
(c)
The professional and personnel resources that
are expected to be necessary in order to maintain and manage the Zone.
B.
A stream corridor management plan is not required
where the Stream Corridor Protection Zone is not being disturbed.
For the Stream Corridor Protection Zone to function
properly, dominant vegetation in the stream corridor management plan
should be selected from a list of plants most suited to the Zone,
available at the Office of the Director of Land Use for the Township
of East Hanover. The Township Engineer may permit plants not included
on the list when evidence is provided from qualified sources certifying
their suitability. Species suitability may be required to be verified
by qualified experts at the Morris County Soil Conservation District,
Natural Resources Conservation Service, NJ Department of Environmental
Protection, US Fish and Wildlife Service or state or federal forest
agencies.
A.
In Zone One, dominant vegetation shall be composed
of a variety of native riparian zone tree, shrub, tall grasses and
other appropriate species necessary for streambank stabilization.
B.
In Zone Two, dominant vegetation shall be composed
of riparian zone trees and shrubs, with an emphasis on native species
and appropriate plantings necessary to stabilize the soil.
C.
Disturbed areas shall be revegetated with riparian
zone species, in compliance with an approved stream corridor management
plan.
D.
Areas that cannot be revegetated shall be restored
in compliance with an approved stream corridor management plan.
