Township of Fredon, NJ Environmentally Constrained Areas

A land disturbance/construction permit is required for any work or disturbance affecting a slope area, except when the area of the proposed work or disturbance:

Contains no slopes greater than 10%, nor any slope greater than 15% within 100 feet, and the work or disturbance meets each of the following maximum standards:

Soil disturbance of five cubic yards or less;

Change in impervious ground cover of 200 square feet or less;

Removal of five trees or less, having a DPM of up to 20 inches each; and

Removal or disturbance of trees or shrubs covering 200 square feet or less.

Contains no slopes greater than 15%, nor any slope greater than 20% within 100 feet, and the work or disturbance meets each of the following maximum standards:

Soil disturbance of three cubic yards or less;

Change in impervious ground cover of 100 square feet or less;

Removal of three trees or less, having a DPM of up to 20 inches each; and

Removal or disturbance of trees or shrubs covering 100 square feet or less.

Contains slopes greater than 15% and the work or disturbance meets each of the following maximum standards:

Soil disturbance of one cubic yard or less;

Change in impervious ground cover of 25 square feet or less;

Removal of one tree or less, having a DPM of up to 20 inches; and

Removal or disturbance of trees or shrubs covering 25 square feet or less.

All items described in Subsection B(1)(a), (b) and (c) above represent a cumulative total per lot.

Additions to a single-family residence shall be exempt from the impervious coverage and lot disturbance provisions of this section if each of the following conditions exist:

That the size of any one story addition, deck, patio or excavation is less than 200 square feet. Soil logs and testing for future subsurface disposal systems shall not be exempted.

That no slope greater than 10% exists within 20 feet of the area to be disturbed.

The applicant provides plans or a written statement describing soil erosion and stabilization measures which will be used as part of construction.

Application for permit. An application for a land disturbance/construction permit shall be made to the Township's Construction Official. The application shall include at least the following:

Property description by Tax Map block and lot, and by street address if available.

Sketch of location of proposed work or disturbance. An informal sketch is acceptable.

Statement of proposed work or disturbance.

Where site plan or subdivision approval is required, the following exhibits shall also be submitted:

Topographic map showing existing contours at two-foot intervals.

Areas clearly identified showing the following, as measured between ten-foot contour lines: Area 1, 30% slopes or greater; Area 2, 20% slopes but less than 30% slopes; Area 3, 15% slopes but less than 20% slopes; Area 4, less than 15% slopes.

Calculation, in square footage and acres, of amount of area in the various slope categories listed above.

The time period of exposure of erodible soils during construction.

The area and density of woodlands and forest, within the construction site and on contiguous lands for a distance of 200 feet, or such other distance as deemed appropriate by the Township Engineer. All trees having a DPM of six inches or greater, on slopes 15% or greater, shall be indicated on the application plans as well as physically marked on the construction site.

The extent of impervious surface to be constructed.

Location of construction access roads.

Calculation of amount of site grading, to include a cut-and-fill balance sheet, including cross sections, and indicating, where applicable, the volume of and source of off-site fill.

(i)

Extent of on-site erosion sediment control measures, during and after construction and until any affected area is stabilized.

(j)

Any other information as is reasonably necessary to make an informed decision, as determined by the Township Engineer.

Application review and standards of approval.

The Township Engineer shall review every slope area application to determine whether the proposed work or disturbance may have a detrimental impact upon any slope area. Such review shall include at least an on-site inspection. The Engineer's inspection shall be made as soon as possible considering the extent of the work necessary to evaluate the application.

The Township Engineer shall approve only those applications where the proposed work or disturbance will:

Have no reasonably avoidable detrimental impacts.

Control velocity and rate of water runoff so that such velocity and rate are no greater after construction and development than before, and are within tolerances deemed safe by the Township Engineer, and the project or site plan complies with all other provisions of the Township Code.

Minimize stream turbidity and changes in flow.

Protect environmentally vulnerable areas.

Stabilize exposed soils both during and after construction and development.

Prevent soil slippage.

Minimize number and extent of cuts to prevent groundwater discharge areas to underlying soils.

Preserve the maximum number of trees and other vegetation on the site and avoid disturbance of the critical hillside, slope and forest areas.

The Township Engineer may impose such conditions upon any approval as said Engineer deems necessary to achieve the purposes of this chapter. All permanent improvements necessary to achieve the purposes of this chapter shall be bonded in the same manner as set forth in Chapter 470, Subdivision of Land, and Chapter 424, Site Plan Review, except that a maintenance bond shall continue for two years after complete stabilization.

Any approval may be subject to the condition that, for safety reasons, the applicant provide and adhere to a detailed construction and inspection schedule, copies of which shall be supplied to the Township Construction Official for the purpose of monitoring the progress of the work and compliance with the construction schedule. Said approval may be further conditioned upon submission of periodic certifications by the applicant as to compliance with the construction schedule, and, in the event of noncompliance, written assurance as to the nature and time when steps will be taken to achieve compliance with the construction schedule.

If the applicant does not comply with the construction schedule or any other requirements or conditions attached to the approval of the application, and the Township Engineer or the Township Construction Official certifies such lack of compliance, the Township Construction Official shall thereupon revoke approval of the application, after notice to the applicant, and no further work may be performed on such site with the exception for temporary measures necessary to stabilize the soil and to protect the site from stormwater damage or other hazards created by construction activity on the site.

Impervious coverage and disturbance. In areas of slopes greater than 15%, the applicable provisions of this chapter relating to maximum percentage of impervious coverage shall be modified, and the following limitations of maximum impervious coverage, location of impervious surfaces, and maximum lot disturbance shall be applicable.

Maximum impervious coverage.

The maximum impervious coverage area for each building lot shall be determined by multiplying the total land area in various slope categories by the following factors, totaling the results and multiplying the result by the maximum lot coverage percentage allowed for the appropriate zone. Slope calculations shall be based on elevation intervals of 10 feet.

	Slopes	Factor
	30% or greater	0.25
	20% but less than 30%	0.50
	15% but less than 20%	0.75
	Less than 15%	1.00

Where the modified maximum impervious coverage area is less than the minimum gross floor area required for the proposed building, the minimum gross floor area required shall be the modified maximum impervious coverage area.

Location of impervious surfaces. The maximum impervious coverage for a building lot, determined in § 550-109.e.1. above, may only be permitted within slope areas as calculated by multiplying the total land area in various slope categories by the following percentages and totaling the results.

	Slopes	Percentage
	30% or greater	10%
	20% but less than 30%	15%
	15% but less than 20%	25%
	Less than 15%	35%

The maximum lot disturbance shall be no greater than 130% of the maximum impervious coverage permitted for the lot.

Setbacks of all structures necessary for slope area stabilization shall be sufficient to allow for any future maintenance that may be necessary.

All land required to be maintained as permanent open space shall be indicated as such on any approved plans.

Review and inspection fees.

An application filing fee plus a review fee, as set forth in Article VIII of Chapter 45, Land Use Procedures, shall be deposited with the Township Clerk. If additional review fees are required, the applicant shall deposit with the Township Clerk an amount equal to the new estimated review fee.

Inspections shall be required before and during stabilization and upon completion of the work or disturbance, during and for two years after complete stabilization, or for any other reasonable time, as determined by the Township Engineer, to insure the purposes of this chapter are met. No permit will be issued until a deposit is placed with the Township Clerk equal to the estimated inspection fee, as set forth in Article VIII of Chapter 45, Land Use Procedures. If additional inspection fees are required, applicant shall deposit with the Township Clerk an amount equal to the new estimated inspection fee before any work can continue. The inspection fee deposit account shall remain for two years after complete stabilization.

Any deposit accounts shall be maintained at levels sufficient at all times to cover all estimated fees or work may be halted. The Township Clerk will keep the Township Engineer aware of account balances as necessary.

Inspection for tree trimming.

Where site plan or subdivision approval is required, the slope area land disturbance/construction permit review will be performed along with that approval process, and the applicant will submit copies of all required information to the Land Use Board. Although the Land Use Board cannot grant or deny a land disturbance/construction permit (except for an appeal under Subsection J below), said Board shall consider all plans submitted under this chapter in any application for site plan or subdivision approval affecting a slope area.

[Amended 11-10-2016 by Ord. No. 2016-11;[1] 5-25-2017 by Ord. No. 2017-05]

Editor's Note: This ordinance provided an effective date of 1-1-2017.

Where a homeowner meets the minimum requirements of this section, the Township has the right to inspect, unless the tree trimming and removal is part of an approved forestry management plan.

Township liability. The granting of any permit or approval in any slope area shall not constitute a representation, guarantee or warranty of any kind by the Township or by any official or employee thereof of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon, or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.

Penalties. In addition to penalties already provided in § 550-18, the court may order any person convicted of violating this chapter to pay the Township all costs for, and associated with, necessary stabilization or corrective measures, as determined by the Township Engineer.

Appeal. The Land Use Board shall have the power to hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision (including review and inspection fees under Subsection F) or refusal made by the Township Engineer based on or made in the enforcement of this chapter. All such appeals under this chapter from the decisions of the Township Engineer shall be taken within 20 days by filing a notice of appeal with the Township Engineer specifying the grounds of such appeal. The Township Engineer shall immediately transmit to the Land Use Board all papers constituting the record upon which the action appealed from was taken. All such appeals shall be heard by the Land Use Board upon notice given by the applicant. The Land Use Board may permit, or require, the record on appeal to be supplemented with such documents or other evidence or information as are reasonably necessary to make an informed decision as to whether the requirements of this section have been met.

§ 550-110 Tree removal and protection.

Purpose. The following provisions are intended to control and regulate the indiscriminate or excessive removal, large-scale clear-cutting and destruction of trees and to control, regulate and prevent conditions which cause an increase in stormwater runoff, decrease aquifer recharge, impair the ambiance or physical appearance of an individual property or neighborhood, or unreasonably and/or unnecessarily diminish the natural vegetative screening or natural landscape viewsheds.

Exemptions. Exempt from this section are subdivisions, site plans, amended subdivisions and amended site plans that have been approved prior to the effective date of this section and any tree removal as part of an approved forestry management plan.

Tree removal requirements for major and minor subdivisions and site plans. Each application to the Land Use Board for approval of a major or minor subdivision or a site plan that proposes or requires the removal of trees, to ensure compliance with this section, shall include a tree removal proposal. The proposal shall include the following information:

[Amended 11-10-2016 by Ord. No. 2016-11[1]]

A list of trees to be removed with a DBH equal to or greater than six inches identified by size and species, including total number of each species to be removed;

Purpose of tree removal (new construction, street or roadway, driveway, utility easement, recreation areas, parking lot, etc.);

Proof that there are no delinquent property taxes or assessments due on the property for which the application is submitted; and

Such other information as may be deemed necessary in order to effectively review the proposal.

Editor's Note: This ordinance provided an effective date of 1-1-2017.

Landscape plan. The following information shall be provided on a landscape plan prepared by an architect, professional engineer or planner and submitted with the proposal for tree removal. For major subdivisions and site plans, the preparation of landscaping plans shall be prepared by a certified landscape architect (CLA). The landscape plan must be submitted and approved prior to tree removal.

Base information.

Location of existing tree stands or groups of trees within the property boundaries.

Location of individual trees with a DBH equal to or greater than six inches identified by size and species within the area of development and/or limits of disturbance.

Location of individual existing trees and their driplines noted for preservation within the area of development and/or limits of disturbance identified by size and species. Where clusters of trees exist on the site or are contiguous with adjacent sites, fragmentation of the cluster shall be avoided where practical.

Location of all required replacement trees.

Clear labeling of the area(s) intended for tree or vegetation removal.

Tree protection material details and limit of disturbance line.

Location of existing and proposed buildings or structures.

All bodies of water and wetlands, including water retention and detention areas.

(i)

Location of all existing driveways and parking areas.

Design requirements.

Only those trees necessary to permit the construction of buildings, structures, streets, driveways, infrastructure and other authorized improvements shall be removed. Existing vegetation shall be preserved to the greatest extent feasible.

No more than 60% of the existing tree canopy within the property boundaries shall be removed. The location of the remaining 40% of the tree canopy shall be preserved and shall be noted on the landscape plan. Steep slope limits of disturbance shall supersede this subsection when appropriate.

No more than 10% of existing trees with a DBH equal to or greater than 10 inches within the area of development or limits of disturbance shall be removed unless the applicant shall replant trees removed in accordance with Subsection E below.

The approving authority shall have the discretion to seek input from the Fredon Township Environmental Commission for recommended areas of tree preservation.

Landscape standards may be waived by the approving authority when trees and/or shrub masses are preserved and/or relocated on-site that effectively substitute for the landscape requirements contained in this section.

The approving authority shall have the option of requiring a conservation easement to protect any or all trees or tree canopy areas to remain on site. All trees, vegetation and plantings proposed and/or required to be preserved or established shall be protected by means of a conservation easement which shall name the Township of Fredon, in the County of Sussex, as a third-party beneficiary thereof, having the right, but not the obligation, to enforce same by any legal or equitable means with the cost of such enforcement action, including reasonable attorney's fees, being awarded to the prevailing party.

Site protection.

Tree-protection measures and the limits of disturbance line shown on the landscape plan shall be provided in the field with snow or silt fencing or other durable material and verified by the Township Engineer or other designated official prior to soil disturbance.

Protective barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Barriers shall be a minimum of two feet high and shall last until construction is complete.

Permanent fencing may be required for tree protection if warranted by site conditions and relative rarity of the plant.

Snow or silt fencing used for tree protection shall be firmly secured along the dripline, but shall be not less than six feet from the trunk.

The grade of the land located within the drip line shall not be raised or lowered more than six inches unless compensated by welling or retaining wall methods; and in no event shall welling retaining walls be less than six inches from the trunk of a tree.

No soil stockpiling, storage of building materials, construction equipment or vehicles shall be permitted within the dripline or within six feet of any remaining trees, whichever is greater.

Any clearing within the dripline, or within six feet of the trunk of a remaining tree, whichever is greater, shall be done by hand-operated equipment.

Where a tree that has been noted for preservation is severely damaged or diseased and is unable to survive, tree replacement shall occur as provided in Subsection F below.

Tree replacement and reforestation. The replacement of trees shall occur as prescribed in the following schedule:

	Caliper of Existing Tree Removed (inches)	Number of Replacement Trees (three-inch caliper)
	Less than 6	1
	Between 6 and 12	3
	Between 12 and 18	4
	Between 18 and 24	5
	Between 24 and 30	7
	Between 30 and 36	10
	36 or greater	The equivalent of three-inch caliper trees or greater needed to equal that DBH of the removed tree

Replacement tree(s) shall be of nursery stock, balled and burlapped. Where, because of unusual conditions relating to the site in question, it is impractical to fully comply with the tree replacement schedule set forth hereinabove, the approving authority shall have the option of approving an alternative tree replacement schedule for other areas of the site or for other sites.

Replacement trees shall be selected from the following (common name) species: red maple, sugar maple, hickory, Kentucky coffee tree, sweetgum, black gum, sassafras, pin oak, red oak, scarlet oak, white oak, sweet birch, yellow birch, river birch, white ash, green ash, tulip tree, American holly, Norway spruce, white pine, eastern red cedar, eastern redbud, rivet birch, serviceberry, Allegheny serviceberry, flowering dogwood, Washington hawthorne, sweetbay magnolia and witch hazel.

The planting of replacement tree(s) shall be done by or supervised by a person with horticultural training in tree care and planting methods.

Newly planted replacement trees shall be monitored for a period of one year to ensure the health of the trees. Any tree planted which does not survive for a period of one year from the date of planting shall be replaced with a tree of the same or similar species.

Inspection.

Prior to taking final action upon any application for tree removal, an inspection of the site may be made as appropriate by the Township Engineer to assist the approving authority in administering the application.

All individual trees proposed for removal and all groups or stands of trees proposed for removal shall be clearly marked to facilitate inspection by the approving authority or its representative.

The Township Engineer shall periodically inspect the site throughout the duration of construction in order to ensure compliance with this section. Such inspection shall be made of the site referred to in the application, and of contiguous lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage conditions and physical conditions existing thereon.

Notice of commencement of tree removal.

The Township Engineer shall be notified in writing at least seven business days prior to the tree-removal activity.

The notice shall include information as to the manner of disposal of the removed trees.

Dead or diseased trees shall not be turned into mulch and applied to the site, but shall be disposed of in a manner so as to not disease other trees on site.

Bond. The Township Attorney and Township Engineer shall be consulted as to the establishment of a bond for the vegetation for the one-year period. This shall be done as a separate bond that is released upon the planner's or engineer's inspection and verification as to the health of the plants. The engineer shall also identify any need for additional funds for inspection fees based on this section.

§ 550-111 Endangered and threatened species protection.

Purpose. The purpose of this section is to preserve, protect and enhance environmentally distinct, fragile and valuable fish and wildlife habitat areas for present and future generations, while also allowing for reasonable use of private property. This section intends to conserve the functional integrity of the habitats needed to perpetually support fish and wildlife populations.

Applicability. The requirements of this chapter shall apply to the following projects:

All subdivision applications and/or site plan applications. Applicants for such projects shall document the occurrence of threatened and endangered species on the property to be developed and shall identify critical habitat areas needed to provide for the survival of any local populations of these species. Such documentation shall be submitted as a prerequisite to a complete application.

Amended subdivision or site plan applications. Applicants for such projects shall submit documentation as set forth in Subsection D(4) below to the extent that it identifies species and critical habitat areas associated with any modifications to the original plan.

Exemptions. The following shall be exempt from the requirements of this chapter:

All agricultural operations, except for new dwelling units, conducted in accordance with a cluster subdivision plan are specifically exempt from the requirements of this chapter.

Any variance applications to the Land Use Board not involving a site plan or subdivision application shall be exempt from the requirements of this chapter unless specifically requested by the Board. The Land Use Board shall inform the applicant regarding any information that may be required.

[Amended 11-10-2016 by Ord. No. 2016-11[1]]

Editor's Note: This ordinance provided an effective date of 1-1-2017.

Performance standards and requirements.

No development shall be allowed where such development would present avoidable adverse impacts to habitat that is critical to the survival of local populations of threatened or endangered species. Avoidable adverse impacts occur when a proposed project results in significant or temporary adverse impacts for which there are reasonably practicable mitigation measures, and for which there are reasonable alternatives to the proposed project that would meet the purpose and need of the action, eliminate the impact, and not cause other or similar significant adverse impacts. Adverse impacts include the reduction of contiguous lands that provide linkages of habitat.

All development shall be carried out in a manner which avoids disturbance to distinct fish and wildlife habitats that are used by or necessary for endangered and threatened species to sustain themselves successfully in the Township of Fredon.

No construction, grading or vegetation removal shall take place in critical habitat areas during breeding or mating of threatened and endangered species, and protection for the critical habitat area appropriate to the species shall be provided.

Required projects shall demonstrate compliance with this section through submission of either one of the following:

Affidavit of site visit. If the parcel proposed for land clearing or development is less than one acre in size and is surrounded on at least 50% of its boundaries by developed land, is not contiguous to any property which exhibits or contains land cover or other conditions likely to serve as habitat for any threatened or endangered species, which when added to the parcel equals one acre or more, an affidavit that a qualified field biologist or ecologist has visited the site and is of the opinion that the parcel does not serve as habitat for any threatened or endangered species;

Field assessment. A field assessment of the parcel proposed for land clearing or development together with an affidavit, prepared and sworn to by a qualified field biologist or ecologist, stating that a field inspection of the parcel proposed for land clearing or development indicates that there is no reasonable likelihood that the parcel serves as habitat for any threatened or endangered species. For the purpose of this field assessment, the presence of land cover likely to serve as habitat for any such species shall be deemed to be evidence that the parcel proposed for land clearing or development is likely to serve as habitat for such species; or

Mitigation plan. If potential impacts are unavoidable, the applicant may submit a mitigation plan, prepared and sworn to by a qualified field biologist or ecologist, demonstrating that the proposed land clearing or development will create no net loss of either predevelopment habitat quantity or quality and will provide a net benefit of habitat quantity or quality. Further, if contiguous lands linking habitat have been disconnected or fragmented due to development, the mitigation plan shall include means to create the same or greater quantity of contiguous lands devoted to that habitat. Such mitigation shall be achieved through reliable in-kind, in-proximity habitat restoration, enhancement, and replacement (creation) measures. Mitigation plans shall contain the following performance measures:

Success criteria. The mitigation plan must clearly define the methods to meet mitigation goals and standards and list the criteria for measuring success;

Criteria and a timeline for formal determination that the mitigation goals and standards have been met;

Provisions for long-term protection and management of the site, if appropriate;

A reporting schedule for identifying progress toward achieving the mitigation goals and standards and any modification of mitigation measures. Mitigation goals and standards must be achieved within a reasonable time frame to benefit the affected fish and wildlife species;

[5]

If such measures cannot be achieved be achieved, the approving agency shall recommend against or shall not authorize the proposed development action.

Current information. Site surveys or field assessments must be current to within 30 days of the date of application for subdivision or site plan, as the case may be. Should the subdivision or site plan approval expire, or should a period of 75 days elapse between the date of adoption of the memorializing resolution of preliminary, final, subdivision or site plan approval and the issuance of a land disturbance/construction permit, the developer shall be required to have the site survey or field assessment updated or a new site survey or field assessment performed prior to the issuance of a new land use disturbance/construction permit or commencement of work.

§ 550-112 Riparian buffer conservation.

Intent and purpose. The governing body of the Township of Fredon finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of the Township of Fredon, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this section is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of the Township of Fredon; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the Township of Fredon; to protect the riparian and aquatic ecosystems of the Township of Fredon; to provide for the environmentally sound use of the land resources of the Township of Fredon, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives. The specific purposes and intent of this section are to:

Restore and maintain the chemical, physical, and biological integrity of the water resources of the Township of Fredon;

Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and denitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed flow prior to reaching receiving waters;

Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;

Provide for the availability of natural organic matter (leaves and twigs) and large woody debris (trees and limbs) that provide food and habitat for aquatic organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;

Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing streambank erosion and sedimentation and protecting habitat for aquatic organisms;

Maintain base flows in streams and moisture in wetlands;

(7)

Control downstream flooding; and

(8)

Conserve the natural features important to land and water resources, e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.

Establishment of riparian zones.

Riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:

The riparian zone shall be 300 feet wide along both sides of any Category 1 water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed. This includes Special Water Resource Protection Areas or SWRPAs as defined herein and shown on the USGS quadrangle map or in the county soil surveys within the associated HUC 14 drainage, pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h).

The riparian zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters:

Any trout production water and all upstream waters (including tributaries);

Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body;

Any segment of a water body flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body; and

Any segment of a surface water body flowing through an area that contains acid-producing soils.

For all other surface water bodies, a riparian zone of 50 feet wide shall be maintained along both sides of the water.

Riparian zones outside surface water body.

The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:

Along a linear fluvial or tidal water, such as a stream or swale, the riparian zone is measured landward of the feature's center line;

Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;

Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and

Along an amorphously shaped feature such as a wetland complex, through which water flows but which lacks a definable channel, the riparian zone is measured landward of the feature's center line.

Where slopes (in excess of 15%) are located within the designated widths, the riparian zone shall be extended to include the entire distance of this sloped area to a maximum of 300 feet.

For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the state's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in Subsection B(1)(a) or (b) above, whichever area has the greatest extent. Requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site-specific information is available.

A riparian zone is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the riparian zone differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring application for any of the following permits or approvals:

Building permit.

Zoning variance.

Special exception.

Conditional use.

Subdivision/land development approval.

It shall be the duty of the Township Engineer, every second year after the adoption of this section, to propose modifications to the map delineating riparian zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the riparian zone map, to record all modifications to the riparian zone map required by decisions or appeals under Subsection I, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations.

The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area on any plan submitted to the Township of Fredon in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Township Engineer, governing body, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.

Exemptions. Instead of the riparian zone protection requirements above, the applicant must demonstrate compliance with one of the following:

The proposed project or activity is not in the riparian zone established at Subsection B(1) above;

The proposed disturbance in a riparian zone is for a linear development with no feasible alternative route. If the riparian zone is associated with Category 1 waters, the linear development must also meet the requirements for Special Water Resource Protection Areas under the Stormwater Management rules at N.J.A.C. 7:8-5.5(h);

The proposed disturbance in a riparian zone is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;

The proposed disturbance of a riparian zone is necessary to provide for public pedestrian access or water-dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E;

The proposed disturbance of a riparian zone is required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq.;

The proposed disturbance is for redevelopment that does not exceed the limits of existing impervious surfaces;

The proposed disturbance would prevent extraordinary hardship on the property owner peculiar to the property; or prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment; and/or

Demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a 20% or greater slope, except as allowed under Subsection B(6)(f) and (g) above.

Uses permitted in riparian zones.

For riparian zones in Category One waters (C1 waters), permitted uses are governed by the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, unless otherwise exempt.

Any other riparian zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this section may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in riparian zones. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, except as specifically authorized in this section. The following uses shall be permitted within a riparian zone:

Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided near-stream vegetation is preserved. These uses do not require approval by the Zoning Enforcement Officer or compliance with an approved riparian zone management plan. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas, game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trail have been stabilized with pervious materials.

Fences, for which a permit has been issued by the Construction Code Office, to the extent required by applicable law, rule or regulation.

Crossings by farm vehicles and livestock, recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the Zoning Enforcement Officer, provided that any applicable state permits are acquired, and provided that any disturbance is offset by buffer improvements in compliance with an approved riparian zone management plan and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.

Stream bank stabilization or riparian reforestation, which conform to the guidelines of an approved riparian zone management plan, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the Zoning Enforcement Officer and subject to compliance with an approved riparian zone management plan.

Performance standards for riparian zones.

All encroachments proposed into riparian zones in C1 waters shall comply with the requirements of the stormwater management rule at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.

For all other riparian zones, the following conditions shall apply:

All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.

Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement held by the Township of Fredon, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the riparian zone. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the office of the clerk of the applicable county or the registrar of deeds and mortgages of the applicable county must be submitted to the municipality. The applicant shall not commence with the project or activity prior to making this submittal and receiving actual approval of the plan modification and receipt of any applicable permits from the New Jersey Department of Environmental Protection. The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and the successors in interest in the property or in any part thereof. The conservation restriction may include language reserving the right to make de minimus changes to accommodate necessary regulatory approvals upon the written consent of the municipality, provided such changes are otherwise consistent with the purpose and intent of the conservation restriction. The recorded conservation restriction shall, at a minimum, include:

A written narrative of the authorized regulated activity, date of issuance, and date of expiration, and the conservation restriction that, in addition, includes all of the prohibitions set forth at N.J.S.A. 13:8B-2b(1) through (7);

Survey plans for the property as a whole and, where applicable, for any additional properties subject to the conservation restrictions. Such survey plans shall be submitted on the surveyor's letterhead, signed and sealed by the surveyor, and shall include metes and bounds descriptions of the property, the site, and the areas subject to the conservation restriction in New Jersey State Plane Coordinates, North American Datum 1983, and shall depict the boundaries of the site and all areas subject to the conservation restriction as marked with flags or stakes on-site. All such survey plans shall be submitted on paper and in digital CAD or GIS file on a media and format defined by the municipality. The flags or stakes shall be numbered and identified on the survey plan; and

A copy or copies of deeds for the property as a whole that indicate the deed book and pages where it has been recorded in the office of the clerk of the applicable county or the registrar of deeds and mortgages of the applicable county.

Any lands proposed for development which include all or a portion of a riparian zone shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved riparian zone management plan, described in Subsection H.

For building lots which exist as of the date of adoption of this section, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.

All stormwater shall be discharged outside of but may flow through a riparian zone and shall comply with the standard for off-site stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3.).

If stormwater discharged outside of and flowing through a riparian zone cannot comply with the standard for off-site stability cited in Subsection D(2)(e), then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.

Nonconforming structures and uses in riparian zones. Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:

Legally existing but nonconforming structures or uses may be continued.

Any proposed enlargement or expansion of the building footprint within the riparian zone of a C1 water shall comply with the standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.

For all other riparian zones:

Encroachment within the riparian zone shall only be allowed where previous development or disturbance has occurred and shall be in conformance with the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.

Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where previous development or disturbances have occurred.

Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under Subsection A, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this section.

Uses prohibited in riparian zones.

Any use within a riparian zone of a C1 water shall comply with the standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.

For other riparian zones, any use or activity not specifically authorized in Subsection C or Subsection E shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:

Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.

Storage of any hazardous or noxious materials.

Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.

Roads or driveways, except where permitted in compliance with Subsection C.

Motor or wheeled vehicle traffic in any area, except as permitted by this section.

Parking lots.

Any type of permanent structure, except structures needed for a use permitted by Subsection C.

New subsurface sewage disposal system areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.

(i)

Residential grounds or lawns, except as otherwise permitted pursuant to this section.

Activities permitted in riparian zones in the case of no reasonable or prudent alternative or extreme hardship.

For riparian zones in C1 waters, requests for exemptions must be authorized by the New Jersey Department of Environmental Protection, as per the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.

For other riparian zones, hardship variances may be granted by the Land Use Board in cases of a preexisting lot (existing at the time of adoption of this section) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements, and provided the following demonstrations are made:

[Amended 11-10-2016 by Ord. No. 2016-11[1]]

An applicant shall be deemed to have established the existence of an extreme economic hardship, if the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed in accordance with provisions of this section and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:

Do not apply to or affect other property in the immediate vicinity;

Relate to or arise out of the characteristics of the subject property because of the particular physical surroundings, shape or topographical conditions of the property involved, rather than the personal situations of the applicant; and are not the result of any action or inaction by the applicant or the owner or his predecessors in title;

The necessity of acquiring additional land to locate development outside the riparian zone shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land that is reasonably available or could be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity.

An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts that one of the following applies:

The proposed project will serve an essential public health or safety need;

The proposed use is required to serve an existing public health or safety need; or

There is no alternative available to meet the established public health or safety need.

A variance can only be granted if it is shown that the activity is in conformance with all applicable local, state, and federal regulations, including but not limited to the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and that the exception granted is the minimum relief necessary to relieve the hardship.

Editor's Note: This ordinance provided an effective date of 1-1-2017.

If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a riparian zone management plan, as described in Subsection H below.

Riparian zone management plan.

Within any riparian 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 riparian zone management plan.

Plan contents.

The landowner, applicant, or developer shall submit to the Zoning Officer a riparian zone management plan prepared by an environmental professional, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the riparian zone. The riparian zone management plan shall identify the existing conditions, including:

Existing vegetation;

Field-delineated surface water bodies;

Field-delineated wetlands;

The one-hundred-year floodplain;

[5]

Flood hazard areas, including floodway and flood-fringe areas, as delineated by the New Jersey Department of Environmental Protection;

[6]

Soil classifications as found on soil surveys;

[7]

Existing subdrainage areas of site with HUC (Hydrologic Unit Code) 14 designations;

[8]

Slopes in each subdrainage area segmented into sections of slopes less than 15%; above 15% but less than 20%; and steep slopes greater than 20%.

The proposed plan shall describe all proposed uses/activities, and fully evaluate the effects of all proposed uses/activities in a riparian zone, and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the riparian zone. A discussion of activities proposed as well as management techniques proposed to offset disturbances and/or enhance the site to improve the riparian zone's ability to function effectively as a riparian zone shall also be included with the riparian zone management plan submittal to the Township of Fredon.

The plan shall be reviewed and must be approved by the Township Engineer, in consultation with the Environmental Commission, as part of the subdivision and land development process.

The riparian zone management plan must include management provisions in narrative and/or graphic form specifying:

The manner in which the area within the riparian zone will be owned and by whom it will be managed and maintained.

The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian zone, as applicable.

The professional and personnel resources that are expected to be necessary, in order to maintain and manage the riparian zone.

A revegetation plan, if applicable, that includes: three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that when fully mature, will form an overhead canopy. Vegetation selected must be native, noninvasive species, and consistent with the soil, slope and moisture conditions of the site. The revegetation plan shall be prepared by a qualified environmental professional, landscape architect, or professional engineer, and shall be subject to the approval of the Township Engineer, in consultation with the Environmental Commission. Dominant vegetation in the riparian zone management plan shall consist of plant species that are suited to the riparian zone environment. The Township Engineer may require species suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, U.S. Fish and Wildlife Service and/or state or federal forest agencies.

A riparian zone management plan is not required where the riparian zone is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the riparian zone.

Performance of the riparian zone management plan shall be guaranteed for a minimum of two years by a surety, such as a bond, cash or letter of credit, which shall be provided to the Township of Fredon prior to the Township issuing any permits or approving any uses relating to the applicable use or activity.

Boundary interpretation, appeals procedures, inspections, conflicts, severability.

When a landowner or applicant disputes the boundaries of a riparian zone, or the defined bank-full flow or level, the landowner or applicant shall submit evidence to the Zoning Officer that describes the riparian zone, presents the landowner or applicant's proposed riparian zone delineation, and presents all justification for the proposed boundary change, including but not limited to a verification issued under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-6, or an approval from the New Jersey Department of Environmental Protection to encroach within the Special Water Resource Protection Area (SWRPA) of a C1 water pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h)1ii.

Within 45 days of a complete submission of Subsection I(1) above, the Township Engineer, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Zoning Officer and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.

Any party aggrieved by any such determination or other decision or determination under Subsection I(2) may appeal to the Zoning Officer under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.

Any party aggrieved by any determination or decision of the Zoning Officer under this section may appeal to the governing body of the Township of Fredon. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.

Inspections.

Lands within or adjacent to an identified riparian zone shall be inspected when:

A subdivision or land development plan is submitted;

A building permit is requested;

A change or resumption of a nonconforming use is proposed;

A discontinued nonconforming use is resumed more than one year later, as described in Subsection E.

The riparian zone may also be inspected periodically by representatives from the Township of Fredon if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.

Conflicts. All other sections, parts of sections, or other local requirements that are inconsistent or in conflict with this section are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section apply.

(7)

Severability.

Interpretation. This section shall be so construed as not to conflict with any provision of New Jersey or federal law.

Notwithstanding that any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the section shall continue to be of full force and effect.

The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.

Enforcement. A prompt investigation shall be made by the appropriate personnel of the Township of Fredon, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of the Township of Fredon, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.

§ 550-113 Hydrogeologic reports.

Intent and purpose. It is the intent and purpose of these provisions to require that all applications for land development within the Township of Fredon proposing or necessitating approval of a subdivision and/or site plan, the full construction buildout of which is intended to or will result in the withdrawal of groundwater for drinking, irrigation and all other purposes in excess of 3,000 gallons per day (gpd) and not otherwise falling within the jurisdiction of the New Jersey Department of Environmental Protection (NJDEP), which has, under present regulations which may, from time to time, be amended or revised, jurisdiction over withdrawal of groundwaters of 100,000 gallons per day (gpd) or more, to require, prior to the grant of preliminary major subdivision or prior to the grant of preliminary site plan approval, the preparation of a hydrogeological report regarding such proposed water withdrawal, in order that the Township may reasonably be assured that such withdrawals will not have adverse impacts upon the quality, quantity and availability of groundwaters and in order to further assure that such withdrawals will not result in adverse impacts upon the quantity and quality of groundwater supplying existing wells within the zone of influence of the proposed water withdrawal and to provide, in the alternative, that any such adverse impacts found or reasonably predicted to exist shall be adequately mitigated, attenuated or otherwise addressed.

Applicability. The provisions of this chapter shall be applicable to all development activities of the Township of Fredon which require preliminary major subdivision approval or preliminary site plan approval by the Township Land Use Board under N.J.S.A. 40:55D-76(b) and which propose, require or are anticipated to result in withdrawal of groundwaters in excess of 3,000 gallons per day (gpd) and which do not otherwise fall within the jurisdiction of the New Jersey Department of Environmental Protection (NJDEP) which has, under present regulations which may, from, time to time, be amended and revised, jurisdiction over withdrawal of groundwaters of 100,000 gallons per day (gpd) or more. The provisions hereof shall be applicable to any single point source withdrawal which is intended, anticipated or which may result in the withdrawal of groundwater in excess of 3,000 gallons per day (gpd). The provisions hereof shall also be applicable to any proposed central water supply system with one or multiple points of withdrawal any of which or the aggregate of all such points of withdrawal resulting in withdrawals in excess of 3,000 gallons per day (gpd).

[Amended 11-10-2016 by Ord. No. 2016-11[1]]

Editor's Note: This ordinance provided an effective date of 1-1-2017.

General procedures for preparing hydrogeologic reports for groundwater withdrawals.

All applicants submitting applications for preliminary major subdivision approval or preliminary site plan approval by the Township Land Use Board shall prepare and submit a hydrogeological report to the Township Land Use Board at the time of submission of the application for preliminary major subdivision approval or preliminary site plan approval, as the case may be.

Such hydrogeological report shall be prepared by a professional engineer, geologist or hydrogeologist with experience in preparation of hydrogeologic reports for proposed water withdrawals in excess of 3,000 gallons per day (gpd).