No use shall direct or reflect a steady or flashing
light beyond its lot lines. Exterior lighting and lighting resulting
from any manufacturing or assembly operations shall be shielded, buffered
and directed as approved on the site plan so that any glare, direct
light or reflection will not interfere with the normal use of nearby
properties, dwelling units and streets.
[Amended 11-1-2011 by Ord. No. O-11-38; 9-13-2022 by Ord. No. O-22-46]
No use shall emit heat, odor, vibrations, noise
or any other pollutant into the ground, water or air that exceeds
the most stringent, applicable state and federal regulations. Standby
generator systems shall have a maximum allowable noise decibel under
normal working conditions of 67 measured at 23 feet and shall provide
a minimum setback of 10 feet to the side and rear property lines on
residential properties. If a ten-foot setback is not possible due
to the location of the principal structure, the maximum distance from
the farthest face of the generator to the foundation wall of the principal
structure shall not exceed five feet, regardless of the setback to
the property lines. Operational tests for standby generator systems
shall be performed between the hours of 7:00 a.m. and 8:00 p.m. weekdays
only.
No materials or wastes shall be stored upon
a lot in such form or manner that they can be transferred off the
lot, directly or indirectly, by natural forces such as precipitation,
evaporation or wind. All materials or wastes which might create a
pollutant or hazard shall be enclosed in appropriate containers to
eliminate such pollutant or hazard. No flammable or explosive substance
shall be stored on a property except under conditions approved by
the Fire Department and the New Jersey Department of Labor and Industry.
Existing natural features such as streams, lakes,
ponds, and the natural configuration of the ground shall be retained
where possible. If it can be demonstrated to the satisfaction of the
municipal agency that such features may be altered only to the extent
absolutely necessary to render the premises suitable for such permitted
use.
All area lighting shall provide for lights focused
downward, translucent fixtures and shielding, or such other light
orientation and shielding to prevent light spillage off the site.
The light intensity provided at ground level shall be a minimum of
0.3 footcandle anywhere and shall average a maximum of 0.5 footcandle
over the entire area. The light source shall comply with the heights
for the residential and nonresidential design standards. For each
fixture and lighted sign, the total quantity of light radiated above
a horizontal plane passing through the light source shall not exceed
7 1/2% of the total quantity of light emitted from the light source.
Any outdoor lighting shall be shown on the site plan in sufficient
detail to allow determination of the effects at the property line
and on nearby streets, driveways, residents and overhead sky glow.
The objective of these qualifications is to minimize undesirable off-site
effects. No light shall shine directly into windows or on streets
and driveways in such a manner as to create a nuisance or interfere
with or distract driver vision. To achieve these requirements, the
intensity of such light source, light shielding and similar characteristics
shall be subject to site plan approval.
All lots being filled shall be filled with clean
fill and/or topsoil to allow complete surface draining of the lot
into local storm sewer systems or natural drainage rights-of-way.
No construction or regrading shall be permitted which creates or aggravates
water stagnation, siltation or a drainage problem on adjacent properties.
Grading shall be limited to areas shown on an approved site plan.
Any topsoil disturbed during approved operations shall be redistributed
throughout the site.
A.
Mindful of the grave potential for environmental degradation
due to the cumulative effect of the use of individual septic systems
on lots of less than 40,000 square feet in area and the mandate of
the Revised Statutes of the State of New Jersey that municipal land
use ordinances provide for adequate sewage facilities for residents,
neither the Planning Board nor the Board of Adjustment shall approve
a subdivision creating lots of less than 40,000 square feet in area
where said proposed lots will be serviced by individual septic systems
unless the applicant is able to establish at the time of submission
to the reviewing Board compliance with N.J.A.C. 7:9A et seq., Standards
for Individual Subsurface Sewage Disposal Systems. The applicant must
have completed soil logs and permeability testing and demonstrate
on the subdivision plan that all required setbacks can be met. Further,
and without regard to lot area, in any development which requires
the installation of new streets, the Planning Board may require the
developer to install so called “dry sewer lines” capable
of providing sewage removal for a building by connection to public
sewer facilities at such time as they become available. In all other
cases involving existing lots, requisite approvals for the installation
of a septic system shall be received from the Board of Health and
other appropriate officials before any building permit shall be issued.
[Amended 4-6-2010 by Ord. No. O-10-06]
B.
Water meter requirements. Where sanitary sewers are
installed at the time of construction for active use at the time of
the issuance of the certificate of occupancy and in connection with
the construction of a single-family dwelling, the developer shall
install two water meters for each home. The first water meter shall
be for internal water use. The second water meter shall be for external
water use, including, but not limited to, an irrigation system.
[Added 2-20-2007 by Ord. No. O-07-1]
Each plan shall incorporate soil erosion and
sediment control programs meeting the approval of the Monmouth County
Soil Conservation District and the requirements of the New Jersey
Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of
1975, if required by that Act.[1] Filing with the Monmouth County Soil Conservation District
shall be concurrent with filing with administrative officer.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
A.
No topsoil shall be removed from the Township of Howell. Any proposal for the removal of more than 600 cubic yards of topsoil from one location in the Township to another shall be the subject of a site plan application containing the information required for an application under Article XII of this chapter for both the sending and receiving lots. The excavation and grading for completion of a site plan shall be done in accordance with the approved site plan which contains soil erosion and sediment control provisions. Any application proposing the excavating, redistributing and/or removal of more than 600 cubic yards of material or involving an area exceeding 3,600 square feet shall include on its site plan the following: the means to prevent erosion, provide for sedimentation control and drainage, dust and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting land, structures and other improvements; prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical characteristics and limitations of the soil for the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare. Additional controls on soil removal are set forth in the Code of the Township of Howell.[1]
B.
Prior to the removal or distribution of any soil from the Township of Howell, or development of a former agricultural area, all soil shall be subject to site investigation and soil sampling as set forth in Chapter 269, § 269-14, of the Code of the Township of Howell.
[Amended 10-5-2010 by Ord. No. O-10-24]
[Added 10-5-2010 by Ord. No. O-10-24]
A.
The Township Council finds that historic pesticide contamination
has become a concern within the Township due to the number of homes
being built on former farm fields and orchards. Site investigation
and soil sampling of former agricultural areas shall be conducted
prior to any development of the site, the purpose of which shall be
to determine if contamination is present at levels exceeding the New
Jersey Department of Environmental Protection soil cleanup criteria.
Any necessary remediation shall be conducted and completed prior to
any site development.
B.
Site sampling of former agricultural areas and any necessary remediation
shall be conducted for any new projects or developments or upon the
sale of existing properties (both residential and commercial) which
have areas with exposed soil that are intensively used by children,
including but not limited to homes, townhouses, condominiums, apartments,
schools, day-care centers and playgrounds. Soil shall also be subject
to site investigation and soil sampling prior to the removal or redistribution
of any soil from the Township of Howell as set forth in this chapter
and in § 269-14.
C.
All sellers shall provide prospective buyers with any test results
that have been performed to quantify concentrations of residual pesticides
and provide information regarding any deed notice and/or maintenance
requirements applicable to the property where pesticide contamination
is located on the property.
D.
All sellers shall provide a written disclosure to prospective purchasers
of the location and conditions of common areas where contaminated
soil has been consolidated in accordance with the New Jersey Department
of Environmental Protection's applicable soil remediation criteria.
E.
Site investigation sampling shall be conducted pursuant to the New
Jersey Department of Environmental Protection Field Sampling Procedures
Manual and analysis conducted by certified laboratories pursuant to
the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-2,
and as may be amended in the future by the NJDEP. These test results
shall be analyzed to determine whether contamination is present at
levels exceeding the New Jersey Department of Environmental Protection
soil cleanup criteria guidelines.
F.
Prior to any development, all of the soil testing requirements outlined
in this chapter must be submitted to the board professionals for their
review and comment. This evidence shall be used as evidence in the
case before the board. Remediation of any contamination found on the
proposed site shall be completed prior to site development. Failure
of an applicant to fully comply with any part of the provisions as
outlined in this chapter may result in the denial of the application.
Per N.J.S.A. 40:48-2.57, this chapter shall not apply to any property
for which any person is conducting actions related to historic pesticide
contamination under the oversight of the Department of Environmental
Protection, provided that such person, as condition of any development
approval by the municipality, obtains a full site no further action
letter from the Department.
G.
Sample location and depth. Discrete samples should be taken at a
depth of zero inches to six inches within farm fields. If the extent
of former fields cannot be determined, the entire property should
be sampled. A map shall be provided to the board professionals showing
the exact location of each soil sample taken along with a detailed
report summarizing the result of each sample.
H.
Sample frequency shall be dependent on the size of the site. (Sites
less than one acre to 10 acres, one sample for every two acres with
a minimum of two samples; then sites greater than 10 acres, add one
sample for every five acres.) A reduced sampling frequency may be
appropriate for very large sites and shall be determined by the board
professionals on a case-by-case basis.
I.
Analytical parameters. All samples shall be analyzed for arsenic,
lead and a pesticide scan (USEPA Method SW846-8081A). The pesticide
scan includes a total of 20 compounds, including DDT, DDD, DDE, dieldrin
and chlordane. All analytical results obtained from the pesticide
analysis shall be provided to the board professionals for comparison
with established NJDEP contamination levels.
Each plan shall incorporate on-site stormwater
facilities that will encourage the slowing down of either the rate
or amount of stormwater that leaves the site or both. All measures
used to control stormwater runoff shall comply with the drainage;
soil erosion and sediment control, and soil removal provisions of
this chapter. Tracts where permanent stormwater detention basins are
either proposed or required shall be constructed in the following
manner (more than one facility may be required): each detention pool
shall contain a primary water depth with a capacity to accept all
the surface water directed to it from a four-inch rain in 24 hours.
Vertical holes filled with coarse rock may be provided within the
detention pool(s) to assist water percolation into the soil for the
detained water at the primary water level. Each detention pool shall
be designed for a secondary water depth which shall provide for water
to be drained off through outlets. The secondary water depth shall,
together with the primary water depth capacity, accept all the surface
waters directed to it from a five-inch rain in 24 hours. Each detention
pool shall also have a tertiary water depth which will allow water
levels in excess of the secondary water depth capacity to drain out
one or both ends along the surface of a spillway to a natural drainage
course. The rate of discharge from the secondary and tertiary depths
shall not exceed the rate and volume at which stormwater left the
property when the property was in its natural state. The tertiary
water depth capacity shall, together with the primary and secondary
water depth capacities, accept all the surface water directed to it
from a six-inch rain in 24 hours. All developments may incorporate
the following on-site stormwater retention or impoundment facilities
in the following manner:
A.
Swales may be constructed in which there need be no
outlet facilities and which will impound water draining only from
other landscaped areas. The water impounded in these areas will be
left to evaporate and percolate, and the swales shall otherwise be
seeded and maintained in lawn area.
B.
Impoundment/detention basins along any stream that
maintains a steady flow of water throughout the year may be constructed,
provided that any improvements designed to provide such impoundment/detention
facilities shall be designed to meet the standards of, and have the
approval of, the New Jersey Department of Environmental Protection,
Division of Water Resources, and shall have the proper amount of sustained
water flow downstream, proper depth of water to control vegetation,
and a proper design to prevent water stagnation in any part of the
pond.
C.
Detention of stormwater on roof surfaces may be designed
by means of essentially flat, but slightly pitched roofs to the edges.
Facilities for control of the water runoff from the roof shall be
provided in the form of vertical leaders with detention rings around
the intake to provide the control of water flow. The spacing and capacity
of the vertical leaders and detention rings shall be approved by the
Municipal Engineer and Building Inspector depending on the area to
be drained, the pitch of the roof, the capacity of the impoundment,
detention, or retention facilities to which the water will eventually
drain, the structural strength of the roof. It is recommended that
the intakes be protected by a device that will accept the full amount
of water passed on to it from the detention rings but which will act
as a strainer for any foreign matter such as leaves, twigs, and seedlings.
The leaders from a roof with water detention design shall direct the
stormwater into a retention basin constructed in a manner as outlined
above.[1]
[1]
Editor's Note: Former Subsection D, Stormwater detention/retention
facility maintenance requirements, as amended, which immediately followed
this subsection, was repealed 6-30-2009 by Ord. No. O-09-28.
Sight triangles shall be required at each quadrant
of an intersection of streets, and streets and driveways serving uses
other than one- and two-family dwellings. Where streets and driveways
intersect a county road, the sight triangle shall conform to the county
requirements. The area within sight triangle shall be either dedicated
as part of the street right-of-way or kept as part of the lot and
identified by a sight triangle easement. No grading, planting or structure
shall be erected or maintained more than 30 inches above the center-line
grade of the intersecting street or driveway or lower than 10 feet
above their center lines, excluding street name signs and official
traffic regulation signs. Where any intersection involves earth banks
or vegetation, including trees, the developer shall trim and grade
to provide the sight triangle. The sight triangle is that area bounded
by the intersecting street lines and a straight line connecting "sight
points" located on each of the two intersecting street lines the following
distances from the point of intersection (where intersections occur
on state or county roads, state or county dimensions shall be used):
Arterial streets at 130 feet; collector streets at 60 feet; and local
streets at 35 feet. Where the intersecting streets are both arterial,
both collectors or one arterial and one collector, two overlapping
sight triangles shall be required formed by connecting the sight points
noted above with a site point 35 feet on the intersecting street.
Any development requiring site plan approval shall provide sight triangles
at each driveway with the driveway classified as a local street for
purposes of establishing distances. The classifications of existing
and proposed streets shall be those shown on the adopted Master Plan
or as designated by the approving authority where a new street easement
shall be expressed on the plat as follows: "Sight triangle easement
subject to the grading, planting and construction restrictions as
provided in the Howell Township Land Use Ordinance." Portions of a
lot set aside for the sight triangle may be calculated in determining
the lot area and minimum set backs required by the zoning provisions.
A.
Soil percolation tests shall be performed for all
development containing buildings that at the time of construction
will not be connected to a public sewage disposal system.
B.
Soil percolation tests shall be made in accordance
with applicable state and local regulations and shall be performed
in the presence of a member of the Howell Township Board of Health;
it shall be the applicant's responsibility to arrange said percolation
test with the Board of Health of the Township of Howell.
C.
Percolation tests shall be performed at the location
or locations of the proposed on-site sanitary sewage disposal facility
or facilities throughout the tract being developed.
D.
The applicant shall submit a detailed report of the
results of the tests at the time of the preliminary application.
E.
The results of the soil percolation tests shall be
analyzed by the Planning Board considering the characteristics of
the tract being developed and the general area surrounding the tract
being developed, and the final location of all improvements on the
tract shall be based on said analysis.
At the time an applicant submits an application for a building permit for the construction of a new residential or commercial building on a lot, he shall accompany said application with a certified staked survey showing the location of the foundation for the construction of the building for which application has been made for a permit to construct. Prior to the construction of the building, but after the laying of the foundation or slab, the applicant shall submit an as-built drawing to the Construction Code Official showing the foundation or slab and certified to the licensed land surveyor that the foundation has been constructed in accordance with the foundation survey previously filed by the applicant. Included on the survey certification shall be a tabulation of the required and provided setbacks, and furnished first floor elevations. At the time the applicant applies for a certificate of occupancy, an as-built survey shall be submitted showing the building’s location, and certified by a licensed land surveyor that the construction of the building conforms with the foundation survey previously provided by the applicant. The provisions of this subsection shall not apply to additions to existing buildings, sheds, fences, pools. At the time the certified staked survey is submitted, it shall be accompanied by an administrative fee as set forth in Chapter 139, Fees, made payable to the Township of Howell.
[Amended 3-15-2011 by Ord. No. O-11-03; 12-11-2012 by Ord. No.
O-12-27]
A.
Three copies of the individual plot plan, three copies of the architectural drawings (if applicable) and the plot plan checklist shall be submitted to the Department of Community Development with any permit applications for new residential/commercial construction and/or major renovations/regrading of existing property. Application jackets shall also be filled out for land use, engineering and construction. The owner/applicant shall, at the time of filing an application, pay a nonrefundable application fee, review fee and inspection fee to the Township of Howell as set forth in Chapter 139 of this Code.
B.
The Township Land Use Officer shall review the submitted plot plan,
architectural drawings and land use application jacket for conformance
to the Township's bulk requirements and either request revisions or
issue a land use certificate in writing. The land use certificate
is required prior to the Engineering Division reviewing the plans.
C.
The Township Engineer shall review the submitted plot plan, architectural
drawings, plot plan checklist and engineering jacket for conformance
to the Township's plot plan requirements and either request revisions
or issue an engineering approval, in writing, of the submitted plan.
Engineering approval is required prior to the Construction Code Official
reviewing the plans.
D.
Once the land use certificate and engineering approval is granted,
the Construction Code Official shall review the architectural plans,
Building Department jackets and technical sheets and either request
revisions or issue a building permit.
E.
Each individual plot plan shall be drawn to scale, signed and sealed
by a professional engineer and land surveyor licensed to practice
in the State of New Jersey, and shall be no larger than 24 inches
by 36 inches or smaller than 8 1/2 inches by 11 inches.
F.
Individual plot plans shall include the following information:
(1)
Plans provided on sheets no smaller than 8 1/2 inches by 11
inches or greater than 24 inches by 36 inches.
(2)
Plan drawn to scale, no larger than one inch equals 40 feet.
(3)
Property lines shown, length in feet and hundredths, bearing in degrees,
minutes and seconds.
(4)
Area of parcel in square feet and acres, both to the nearest hundredth.
(5)
Key map showing location of parcel to be considered in relation to
surrounding area, within 200 feet (if applicable).
(6)
Title block containing name of applicant, preparer, lot and block
number, date prepared, date of last amendment and zoning district.
(7)
Scale of map, both written and graphic.
(8)
North arrow giving reference meridian.
(9)
Names of property owners within 200 feet of subject property (if
applicable).
(10)
Topography of the site and at least 50 feet around the improvements
or property lines based on project. All elevations based on NAVD 1988
with source noted.
(11)
Existing contours showing the natural drainage of the land.
Proposed contours demonstrating there are no impacts to adjacent parcels
when complete. Flow arrows shall be provided to help depict the direction
of stormwater runoff.
(12)
Spot grades to supplement contours. Any high or low points must
be shown for drainage review purposes. Include spot elevations at
property corners, building corners, septic systems, etc. Provide basement,
garage and finished floor elevations.
(13)
Soil boring demonstrating the basement is at least two feet
above the seasonal high water table.
(14)
Existing and proposed drainage swales, structures, basins and
pipes must be shown including pipe size, type and slope. Show downspout
locations. All drainage systems within 50 feet of the property must
be shown.
(15)
Location of wetlands, wetland buffers, riparian areas, floodplains
and any other environmental constraints on the property, with backup
documentation from the approving agency.
(16)
Location of existing and approved structures and their setbacks
from existing and proposed property lines. Overall limit of disturbance.
(17)
Existing and proposed zoning setbacks and depicted graphically
on plan.
(18)
Location of easements or right-of-way including power lines.
(19)
Location of railroads, bridges, culverts, drain pipes, water
and sewer mains and other man-made installations affecting the parcel.
(20)
Location of existing and proposed utility lines. Plan must show
connection points. (Any work within right-of-way will require a road
opening permit.)
(21)
Location of existing and proposed wells and septic systems.
(22)
Proposed septic approval from the Monmouth County Board of Health
(if applicable).
(23)
Location and description of monuments whether set or to be set
(if applicable).
(24)
Location, names and width of all existing streets within 200
feet of the parcel.
(25)
Street composition and width adjacent to the parcel.
(26)
Existing and proposed center line, gutter and top of curb elevations
along the roadway. Include construction access point from Township
right-of-way.
(27)
Proposed roadway and curb details (if applicable).
(28)
Existing and proposed sidewalk and driveway grades (if applicable).
(29)
Proposed sidewalk and driveway details.
(30)
Soil erosion and sediment permit approval (if required).
G.
The applicant shall submit an individual as-built plot plan, signed
and sealed by a land surveyor prior to requesting a final certificate
of approval (CA) inspection from the Township Engineer (for in-ground
pools, as-built plans are not required unless requested by the Engineer
based on a field inspection).
H.
A new certificate of occupancy (CO) shall not be issued by the Construction
Code Official until the Township Engineer provides written verification
that the individual plot was built in conformance with the approved
plans.
A.
All land use development applications set forth in Subsection B herein shall conform and be in accordance with Chapter 238, Recycling, of the Code of the Township of Howell and with the Monmouth County District Solid Waste Management Plan (as amended and supplemented) approved by the New Jersey Department of Environmental Protection.
B.
Materials designated in Chapter 238, Recycling, of the Code of the Township of Howell shall be separated from other solid waste by the generator thereof and a storage area for recyclable material shall be provided as follows:
(1)
For each subdivision application for 25 or more single-family
units, the applicant shall provide a storage area of at least 12 square
feet within each dwelling unit to accommodate a four-week accumulation
of mandated recyclables (including but not limited to newspapers,
glass bottles and jars, aluminum, tin and bimetal cans or containers
and plastic containers). The storage area may be located (but not
limited to) the laundry room, garage, basement, kitchen or a backyard
location not more than 50 feet from the dwelling unit.
(2)
For each subdivision application for 25 or more multifamily
units, the applicant shall provide a storage area of at least 12 square
feet within each dwelling unit to accommodate a four-week accumulation
of mandated recyclables (including but not limited to newspaper, glass
bottles and jars, aluminum, tin and bimetal cans or containers and
plastic containers). The storage area may be located in the laundry
room, garage, or kitchen. Unless recyclables are collected on a weekly
basis from each dwelling unit, one or more common storage areas must
be provided at convenient locations within the development. The holding
area shall provide for truck access and loading and shall be suitably
screened from view and set back from property lines.
(3)
For each site plan application for commercial and
industrial developments that utilize 1,000 square feet or more of
land, the applicant shall provide the municipal agency with estimates
of the quantity of mandated recyclable materials (including but not
limited to newspaper, glass bottles and jars, aluminum, tin and bimetal
cans or containers, plastic containers, high-grade paper, and corrugated
cardboard) that will be generated by the development during each week.
A separated storage area must be provided to accommodate a one to
four weeks’ accumulation of recyclable material. The municipal
agency may require the location of one or more common storage areas
at convenient locations within the development. All separated storage
areas shall be designed for truck access and pick up of materials,
and shall be suitably screened from view if located outside of a building
and be located in the rear yard where possible.
C.
The common storage areas referred to in Subsection B(2) and the separated or common storage areas referred to in Subsection B(3) above shall, in addition to the requirements set forth in said subsections, be constructed and maintained as follows:
(1)
The dimensions of the recycling storage areas shall
be sufficient to accommodate recycling bins or containers which are
of adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located. The dimensions of the recycling area and the
bins or containers shall be determined in consultation with the Township
Recycling Coordinator, and shall be consistent with the District Recycling
Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13), and any applicable requirements of the Township Master
Plan.
(2)
The recycling storage area shall be conveniently located
for the residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
(3)
The recycling storage area shall be well lit, and
shall be safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area, and the bins or containers
placed therein, against theft of recyclable materials, bins or containers.
(4)
The recycling storage area or the bins or containers
placed therein shall be designed so as to provide protection against
adverse environmental conditions which might render the collected
materials unmarketable. Any bins or containers which are used for
the collection of recyclable paper or cardboard, and which are located
in an outdoor recycling area, shall be equipped with a lid or otherwise
covered, so as to keep the paper or cardboard dry.
(5)
Signs clearly identifying the recycling area and the
materials accepted therein shall be posted adjacent to all points
of access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
(6)
All outdoor recycling storage areas shall be screened
by a solid uniform wall or fence. Landscaping shall also be provided
around any outdoor recycling storage area in an aesthetically pleasing
manner.
All off-street parking lots shall be landscaped.
There shall be at least one tree and one shrub for every 10 parking
spaces.
A.
Riparian buffers.
(1)
Foundation and intent.
(a)
Riparian buffer protection has significant state,
regional and municipal support in New Jersey. The State Development
and Redevelopment Plan (SDRP, adopted June 1992) calls for the protection
and preservation of large, continuous tracts and corridors of open
space land which contain important biological resources/networks.
Additionally, the SDPR calls for. maintenance of riparian corridor
buffers adequate for the protection of water quality, wildlife corridors
and opportunities for recreational activities.
(b)
State support for stream corridor protection
is strengthened by the state stormwater management rules of N.J.A.C.
7:8 and other regulatory programs such as state Freshwater Wetlands
Protection Regulations and state Flood Hazard Area Regulations, and
by Stream Encroachment Permits, which govern all development activities
within freshwater wetland areas, surface waters and flood hazard areas
of the state. These regulations are complemented by water quality
management initiatives such as area-wide water quality management
plans, including wastewater management plans, and New Jersey Pollution
Discharge Elimination System Regulations which primarily control pollutant
input into streams through point sources.
(c)
Riparian corridor protection is an essential
aspect of the intent and purposes stated under New Jersey Municipal
Land Use Law, which is the legal foundation for the municipal planning
and zoning process. Riparian buffer protection is critical to protecting
the drinking water supply of those who are dependent on vital surface
water resources.
(2)
ACTIVITY
DEPARTMENT
HYDROLIC UNIT CODE (HUC 14)
IMPERVIOUS SURFACE
LAND-DISTURBING ACTIVITY
RIPARIAN BUFFER
STREAM (OR WATERWAY)
TOP OF BANK
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Any land disturbance, including any development for which
an application for development is necessary.
New Jersey Department of Environmental Protection (NJDEP).
An estimate for each HUC 14 drainage area containing the
total acreage in the municipality of improvements surface and associated
future nonpoint source pollutant load, assuming full buildout of the
project land uses.
Any paved, hardened or structural surface which does not
allow for complete on-site infiltration of precipitation. Such surfaces
include but are not limited to buildings, driveways, streets, parking
lots, swimming pools, darns, tennis courts, concrete pavers, brick
pavers and any other structures that meet the above definition.
Any grading, scraping, excavating or filling of land, clearing
of vegetation, and any other construction or addition to the footprint
of a structure.
A special resource protection area that is established along
all water designated Category One by the Department and perennial
or intermittent streams that drain into or upstream of the Category
One water as shown on the USGS Quadrangle Maps or in the County Soil
Surveys, within the associated HUC 14 drainage areas.
Any perennial stream or river (or portion thereof) that is
portrayed as a solid line on a United States Department of Agriculture
Soil Survey Map of the most recent edition; and any intermittent stream
or river (or portion thereof) that is portrayed as a dashed line on
a United States Department of Agriculture Soil Survey Map of the most
recent edition; and any lake or impoundment that does not lie entirely
within a single parcel of land. For the purpose of this section, this
buffer does not apply to man-made stormwater management facilities,
farm ponds, foundations and/or ornamental ponds.
The upper ridgeline of the confining channel as defined by
the Rosgen stream classification method.
(3)
Applicability.
(a)
For all major subdivisions, minor subdivisions
and site plans that are located along C-1 designated streams or waters
within the HUC 14 drainage area.
(b)
Where a riparian buffer conservation easement
has been recorded on a residential parcel, the property owner has
the right to the development, redevelopment, or alteration of a single-family
home but no disturbance or construction is permitted in the recorded
buffer.
(c)
Where a riparian buffer easement has not been
recorded on a residential parcel, the existing property owner has
the right to the development, redevelopment, or alteration of a single-family
home and appurtenances where the proposed improvements in the riparian
buffer contain less than 10,890 square feet of impervious surface.
(4)
Activities and uses.
(a)
Activities permitted in riparian buffers. Riparian
buffers shall remain in their natural state, with no clearing or cutting
of trees and brush (except for removal of dead vegetation and pruning
for reasons of public safety), no altering of watercourses, regrading
or construction except for the following activities:
[1]
Wildlife sanctuaries, woodland preserves and
arboretums, but excluding enclosed structures;
[2]
Game farms, fish hatcheries and fishing reserves,
operated for the protection and propagation of wildlife, but excluding
enclosed structures;
[3]
Unpaved hiking, bicycle and bridle trails, and
public viewing areas;
[4]
Fishing areas;
[5]
Public parks, roadways or projects;
[6]
Stream cleaning and stream rehabilitation work
undertaken to improve hydraulics or protect public health;
[7]
Culverts as needed, provided that they cross
the buffer as directly as practical;
[8]
Utility transmission lines installed during
periods of low stream flow in accordance with soil erosion and sediment
control practice and approved by the Freehold Soil Conservation District
in a manner which will not impede flows or cause ponding of water;
[9]
Structures comprising part of an identified
regional flood detention project;
(b)
Riparian buffer encroachment. Encroachment within
the buffer shall only be allowed where previous development or disturbance
has occurred (for example: agricultural use, parking area or maintained
lawn area). For all major subdivisions, minor subdivisions and site
plans, encroachment within the buffer area shall only be allowed where
an applicant demonstrates to the Board that the functional value and
overall condition of the special resource protection area will be
maintained to the maximum extent practicable. In no case shall the
remaining special resource protection area be reduced to less than
150 feet as measured perpendicular to the top of the bank of the waterway
or center line of the waterway where the bank is undefined.
(c)
Prohibited activities. All uses shall be prohibited within a recorded riparian buffer except as permitted in Subsection A(4)(a) and (b) above.
[1]
Use of fertilizers, pesticides, or other chemicals
by other than a government agency;
[2]
Vehicular traffic or excessive pedestrian traffic;
[3]
Removal or disturbance of vegetation inconsistent
with erosion control and buffering objectives;
[4]
Any solid or hazardous waste facilities, including,
but not limited to, sanitary landfills, transfer stations, and wastewater
lagoons;
[5]
Junkyards, commercial and/or industrial storage
facilities and open storage of vehicles and materials;
[6]
Mining;
[7]
Timber harvesting.
(5)
Provisions governing activities.
(a)
Submission requirements for all new development
applications. An applicant for an activity adjacent to or within a
riparian buffer shall submit to the municipality a map of the project
site delineating the following (at a scale of not greater than one
inch equals 100 feet) using the best available information:
[1]
State wetland boundary lines and wetland buffer
boundary lines;
[2]
The riparian corridor buffer boundary and installed
monument locations;
[3]
Any slope greater than 10% within the site;
[4]
The location of all improvements and land disturbance,
existing or proposed, to be located within any of the above boundaries;
[5]
All plat detail requirements as would otherwise
be required for a site plan submission.
(b)
Regulations for any activities. Any application
for development of activities within the riparian buffer is subject
to the following regulations:
[1]
The applicant for any activity in a buffer shall
rehabilitate any degraded areas within the buffer, in a manner acceptable
to the Board or Township Engineer, as the case may be.
[2]
The applicant shall also be required to accomplish
to the satisfaction of the Township Engineer the following:
[3]
The applicant shall provide whatever additional
measures are necessary to assure that areas designated as riparian
buffers will be preserved and to prevent additional encroachments
likely to occur as a result of the approval granted.
[4]
The Board, in the case of an application for
development, and the Township Engineer, in all other cases, may require
conservation easements or deed restrictions assuring there will be
no. further intrusion on the buffer than that permitted by the activity
approved.
(6)
Buffer width.
(a)
A three-hundred-foot special resource protection
area shall be provided on each side of the waterway, measured perpendicular
to the waterway from the top of the bank outwards, or from the center
line of the waterway where the bank is not defined.
(b)
All setback requirements for structures, parking
areas, etc., provided for in the Howell Township Land Use Ordinance,
shall be measured from the buffer limit.
(c)
A deed of conservation easement shall be prepared
and recorded. The easement shall be monumented in accordance with
this chapter.
(7)
Buffer vegetation.
(a)
Objectives. Vegetation in the buffer shall consist
of plants able to withstand periodic inundation of water after storms,
as well as occasional drought during summer months. Plant selection
should favor native species that have multiple values such as those
suited for fruit, nesting, aesthetics, and tolerance to locally used
herbicides. Tree and shrub species which may be alternate hosts to
undesirable pests should be avoided. Species diversity should be considered
to avoid loss of function due to species-specific pests. All new plantings
shall be consistent with existing, healthy plant material.
[1]
Approved plants should:
[a]
Stabilize the ground from erosion;
[b]
Produce shade to reduce pool and
ripple warming whenever possible;
[c]
Enhance pollutant uptake;
[d]
Have very low maintenance since
they may be difficult or impossible to access;
[e]
Provide food or cover for wildlife;
[f]
Be located to reduce pedestrian
access to the deeper pools.
(b)
NJDEP lists frequently used plant species in
a riparian buffer, which include:
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Asters (Aster)
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Goldenrods (Solidago)
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Beebalm (Monarda didyma)
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Bergamont (Mondarda Fistulosa)
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Lobelias (Lobelia)
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Coneflower (Rudebeckia)
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Violets (Viola)
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Lillies (Lillium)
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Primrose (Oenothera)
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Milkwort (Polygala)
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Flatsedge (Cyperus)
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Hollies (Ilex)
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Lovegrass (Eragostis)
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Spirea (Spirea)
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Serviceberry (Amelanchier Arborea)
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Nannyberry (Viburnum Lentago)
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Sweet Pepperbush (Clethra Alnifolia)
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Sweetbay Magnolia (Magnolia)
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Hawthorns (Crategus)
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Redbud (Cercus Canadensis)
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Dogwoods (Comus)
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White Ash (Fraxinus Americana)
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Green Ash (Fraxinus Pennsylvanica)
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Birch (Betula)
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Sweetgum (Liquidambar Styraciflua)
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American Beech (Fagus Grandifolia)
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American Homwood
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Red Maple (Acer Rebrum)
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The National Resource Conservation Service,
USDA, publishes a listing of "Native Plant Guide for Planting Along
Streams and Ponds," which is made part of this chapter.
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(c)
Approval of the use of other plant material
and the final design of plant material to be contained within the
designated buffer area lies with the Township Engineer, with reference
to "Native Plant Guide for Planting Along Streams and Ponds," prepared
by the National Resource Conservation Service, USDA, and made part
of this chapter.
B.
Stream corridor preservation.
(1)
Establishment. Stream corridor preservation restrictions
on lands contained in the Township of Howell are hereby established.
(2)
STREAM CHANNEL
STREAM CORRIDOR
STREAM CORRIDOR AVERAGING
STREAM CORRIDOR BUFFER
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Permanent or intermittent watercourses shown on USGS quadrangle
maps, the Monmouth County Soil Survey or other sources as the Planning
Board and Zoning Board of Adjustment of the Township of Howell may
deem applicable and germane.
The stream channel and all lands on either side of the stream
channel to a width of 100 feet on either side.
The replacing of a curved corridor buffer boundary by a straight
line or sequence of joined straight lines so that the total corridor
buffer area remains the same.
An area contiguous with the stream corridor where no permanent
structure shall be allowed.
(3)
Purpose. The purpose of the stream corridor preservation
restrictions are as follows:
(a)
Improve the management, care and preservation
of waterways and water resources in the Township of Howell.
(b)
Protect significant ecological components of
stream corridors, including, but not limited to, floodplains, woodlands,
steep slopes, wildlife and plant life habitats within stream corridors
to prevent flood-related damage.
(c)
Complement existing federal, state, regional,
county and municipal stream corridor and flood hazard protection,
management regulations and plans.
(d)
Coordinate the regulation of development within
stream corridors in a manner consistent with the Township's other
regulatory approaches regarding environmentally sensitive areas.
(e)
Reduce the amount of nutrients, sediment, organic
matter, pesticides and other harmful substances that reach waterways
and subsurface and surface water bodies by using scientifically proven
processes, including but not limited to, filtration, deposition, absorption,
plant uptake, biodegradation, denitrification and any and all other
means now or hereinafter devised and by improving infiltration, encouraging
sheet flow and stabilizing concentrated flows.
(f)
Regulate land use and development within the
Township so that such uses are consistent with the intent of this
subsection and the regulations promulgated herein and generally accepted
preservation practices.
(g)
Preserve natural, scenic and recreation areas
within and adjacent to streams and waterways throughout the Township
of Howell.
(h)
Support the water resource policies of the New
Jersey State Development and Redevelopment Plan.
(i)
Advance the purposes of the New Jersey Municipal
Land Use Law with particular emphases on those items set forth in
N.J.S.A. 40:55D-2, Subdivision a, b, d, i and j.
(j)
Protect natural drainage features.
(k)
Aid in the reduction of flooding.
(4)
Reduce development impacts on water quality.
(a)
Protect the rights of others within the same
waterway areas from the adverse effects of improper stream corridor
development.
(b)
Provide for potential recreation and wildlife
migration corridors throughout the Township for the health, welfare
and benefit of the citizens of the Township of Howell, County of Monmouth
and State of New Jersey.
(5)
Applicability.
(a)
The stream corridor preservation restrictions
in this subsection shall be applicable to the Township of Howell,
including, but not limited to, any and all tracts of land that are
the subject of an application for a minor subdivision, major subdivision
or site plan that fall, in whole or in part, within a stream corridor
and/or stream corridor buffer.
(b)
The stream corridor preservation restrictions
in this subsection shall also be applicable in the review of any land
disturbance in any stream corridor and/or stream condor buffer (or
portion thereof), which shall be undertaken as part of the application
review by the applicable Land Use Approval Board or municipal agency.
(6)
Rules.
(a)
Stream corridors shall have a buffer of 100
feet on each side.
(b)
No septic system shall be located within any
stream corridor or stream corridor buffer, or portion thereof.
(c)
On any major subdivision where a stream corridor
buffer has been disturbed by prior land use such as agriculture, revegetation
of the disturbed area using native tree and plant species is required.
The submitted plan must be approved by the Township-certified tree
expert.
(d)
An approved application for development on a
property that contains a stream corridor or stream corridor buffer,
or portion thereof, shall provide a conservation easement for the
continued protection of the stream corridor or stream corridor buffer,
or portion thereof. Any conservation easements made under the provisions
of this subsection shall be dedicated to the Township in perpetuity
and shall specifically prohibit the erection of any and all structures,
including, but not limited to, fences and walls, and shall be in conformance
with. all provisions of the Land Use Development and Regulations Ordinance
of the Township of Howell. Any conservation easements created under
the provisions of this subsection shall be made by deed, which shall
be recorded in the Monmouth County Clerk's Office.
(e)
Stream corridor buffer averaging may be permitted,
provided that the width at all points of the averaged buffer is at
least 70% of the width of the stream corridor buffer before such averaging.
(7)
Standards and practices.
(a)
Permitted activities. Stream corridors and stream
corridor buffers shall remain in their natural state with no altering
of waterways, regarding or construction or any clearing or cuffing
of trees and/or brush, (except for the removal or pruning of dead
vegetation for reasons of public safety and welfare as deemed necessary
by the Township Engineer) except in the case of the following activities:
(8)
Wildlife sanctuaries, woodland preserves and arboretums,
excluding enclosed structures;
(9)
Game farms, fish hatcheries and fishing reserves operated
for the protection and propagation of wildlife, excluding any enclosed
structures;
(10)
Hiking, bicycle and bridle trails, including
bridges and other structures appurtenant thereto;
(11)
Trails or pathways, including bridges or other
structures appurtenant thereto, constructed and/or maintained by or
under the authority of the Township for the purpose of providing access
to public recreation areas;
(12)
Fishing areas; and
(13)
Cultivation of the soil for agricultural or
horticultural production, pasture a similar agricultural uses undertaken
in accordance with agricultural best management practices to reduce
or prevent nonpoint source pollution.
(a)
Location of activities on tracts partially within
stream corridors and/or stream corridor buffer areas.
(14)
All new lots in minor subdivisions, major subdivisions
and site plans shall be designated to provide sufficient areas outside
of stream corridors and stream corridor buffers to accommodate principal
buildings and uses as well as any permitted accessory use; and
(15)
The applicable Land Use Approval Board may allow
an average stream corridor buffer width of 100 feet from the stream
corridor, allowing for reasonable flexibility to accommodate site
planning when necessitated by the size and shape of the tract and
physical conditions thereupon. The stream corridor buffer width may
be reduced to no less than a minimum of 70 feet from the stream corridor,
provided that there is an equivalent increase in the width elsewhere
on site and that all relevant permits, e.g., stream encroachment,
freshwater wetlands and so forth, are obtained from the New Jersey
Department of Environmental Protection and any other applicable, federal,
state and local agencies.
(a)
Permitted activities in stream corridors and
stream buffers when there is no reasonable or prudent alternative.
In cases where there are no reasonable or prudent alternatives, the
following exceptions to the regulations and requirements of this subsection
may be permitted by the applicable Land Use Approval Board in a stream
corridor or stream corridor buffer when subdivisions or site plans
cannot be designed in the manner set forth herein and if the Land
Use Approval Board determines that there is no other reasonable or
prudent alternative to placement in the stream corridor or stream
corridor buffer.
[1]
Recreational use, whether open to the public
or restricted to private membership, such as parks, camps, picnic
areas, golf courses, sports or boating clubs, not to include enclosed
structures, but permitting piers, docks, floats or shelters customarily
associated with developed outdoor recreational areas;
[2]
Outlet installation for sewage treatment plants
and sewage pumping stations and the expansion of existing sewage treatment
facilities;
[3]
Private or public water supply wells that have
a sanitary seal, floodproofed water treatment facilities or pumping
facilities;
[4]
Dredging or grading when incidental to permitted
structures or uses, including stream cleaning and stream rehabilitation
work undertaken to improve hydraulics or to protect the public health,
safety and welfare;
[5]
Dams, culverts, bridges and roads, provided
that such structures cross the stream corridor directly;
[6]
Sanitary or storm sewers;
[7]
Utility transmission lines installed during
periods of low stream flow in accordance with soil erosion and sediment
control practices and approved by the State Soil Conservation District
in a manner that will not impede flows or cause ponding of water;
and
[8]
Stormwater management facilities such as detention
basins and outfall facilities.
(b)
Prohibited activities. All activities not permitted
pursuant to this subsection shall be prohibited. In no circumstances
shall the following be permitted as exceptions to any of the provisions
contained in this subsection:
(c)
Provisions governing activities in stream corridors
and stream corridor buffers.
[1]
The applicant for any activity permitted in
a stream corridor or stream corridor buffer shall rehabilitate any
degraded areas within the stream corridor or stream corridor buffer
in a manner acceptable to the applicable Land Use Approval Board and/or
municipal agency.
[2]
The applicant shall also:
[a]
Rehabilitate or cure the effects
of the disturbance caused during construction in a timely manner and
using best business and construction practices;
[b]
Maintain the integrity and pristine
nature of the surrounding habitat; and
[c]
Maintain the existing ability of
the stream corridor to buffer the affected waterway.
[3]
The applicant shall provide whatever additional
measures are deemed necessary by the applicable Land Use Approval
Board and any federal, state or local agencies or laws to ensure that
areas designated as stream corridors and stream corridor buffers will
be preserved and to prevent additional encroachments in the stream
corridors or stream corridor buffers likely to occur as the result
of any approvals granted.
[4]
The applicable Land Use Approval Board may also
require that conservation easements or deed restrictions ensuring
that there will be no further intrusion and/or encroachment on any
stream corridor and stream corridor buffer than that permitted by
the activity so approved be dedicated to the Township an memorialized
by deed and recorded in the Monmouth County Clerk's office.
(16)
Submission requirements.
(a)
The following information shall be provided
for any development on any property containing a stream corridor or
stream corridor buffer, or portion thereof, or on any property directly
bordering on a stream corridor buffer or portion thereof.
(b)
An applicant for an activity in a stream corridor
or stream corridor buffer or any portion thereof shall submit to the
municipality or applicable Land Use Approval Board a map at a scale
of not less than one inch being equal to 100 feet of the proposed
project site delineating the following:
[1]
The stream corridor(s) and stream corridor buffer(s)
boundaries and/or any portions thereof;
[2]
Detailed hydrologic engineering studies indicating
the effects on drainage, streams and other waterways and water sources,
as well as the property in question and any adjacent properties, which
should include the necessary data to determine whether the boundaries
of the stream corridor and/or stream corridor buffer (or portion thereof)
would be affected if the application were granted;
[3]
State wetland boundary lines;
[4]
Any steep slopes located within the proposed
site;
[5]
The location of all improvements and land disturbances
proposed to be located within any of the aforementioned boundaries;
[6]
A plan indicating the disposition of any fill
materials proposed to be deposited by the grading or regrading of
land;
[7]
A plan demonstrating the manner in which suitable
techniques, including, but not limited to, erosion and soil stabilization
measures, sediment traps and nutrient control by vegetation filters
or other mechanisms, will be incorporated to protect the stream; and
[8]
If any disturbance is planned to a stream corridor,
stream corridor buffer area, or any portion thereof, or if such has
been disturbed by prior land use such as agriculture, a revegetation
plan shall be provided, subject to the approval of the Township-certified
tree expert.
[1]
Editor's Note: This ordinance also repealed
former § 188-34, Stream and waterway protection.
