Bernards City Zoning Code

Wetland Delineation. A wetlands letter of interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) shall be submitted as part of the application for any major subdivision or major site plan application. A minor subdivision application or a building permit application for an individual lot shall not be required to submit an LOI; however, an on-site wetland delineation shall be prepared by a qualified consultant. If wetlands are present that could be impact by the proposed improvements, a NJDEP approved LOI shall be submitted with the minor subdivision application or building permit application. If no wetlands are observed, a note to that effect shall be shown on the plans.

Wetland Protection Standards. To prevent adverse impacts on delineated wetlands, the following guidelines shall be employed:

Conservation Easement. Whenever an LOI or wetlands delineation is required under Subsection 21-14.1a above, all wetlands and transition areas shall be protected by a conservation easement running to the Township. Such conservation easement shall, at the request of the owner of such a property, be amended to conform to any subsequent modification of the included transition areas, provided that such modification is first approved by the New Jersey Department of Environmental Protection. Modifications may include, but are not limited to, transition area averaging plans. An owner may request such modification by submitting an amendatory deed to the Township Engineer for review and approval. The owner shall be responsible to reimburse the Township for the cost of having any in-house or outside professional or technical personnel review the proposed amendatory deed.

The purpose of this subsection is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss and erosion and the degradation of surface water.

The applicant shall prepare a steep slope map based on ten-foot contour intervals showing slope classes of 0% to 14.9%, 15% to 19.9%. 20% to 25% and greater than 25%. The map shall also include a calculation of the area of proposed disturbance of each slope class on each existing and proposed lot, as well as within any proposed road right-of-way.

Purpose and Intent. Vegetation adjacent to surface waters is essential for maintaining bank stability and water quality. The indiscriminate disturbance of such vegetation destabilizes the channels and banks of surface waters, which leads to increased erosion and sedimentation that exacerbates the intensity and frequency of flooding. The loss of vegetation adjacent to surface waters also reduces filtration of stormwater runoff and subjects surface waters to increased sun exposure, which causes water temperatures to rise and dissolved oxygen content to fall. Such impacts adversely affect the health and habitat of fish and wildlife that depend upon clean surface waters and therefore disrupt the ecological balance that is necessary for life. Humans are ultimately affected by this imbalance since clean water is essential for all life. The purpose of this subsection is to preserve the quality of surface waters, and to protect the wildlife and vegetation that exist within and depend upon such areas for sustenance and habitat, and specifically to:

This subsection hereby adopts by reference the provisions relating to riparian zones as set forth in the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), as they exist at the time of adoption of this subsection and as they may change from time to time.

Definitions. The terms used in this subsection shall have meanings as defined in § 21-3 and, if not defined in § 21-3, as defined in the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), the Stormwater Management Rules (N.J.A.C. 7:8), the Water Quality Management Planning Rules (N.J.A.C. 7:15), and the Surface Water Quality Standards (N.J.A.C. 7:9B), as they exist at the time of adoption of this subsection and as they may change from time to time.

Determining the Riparian Zone. Generally speaking, a riparian zone is the land and vegetation within and adjacent to both sides of a regulated watercourse. It may extend 50 feet, 150 feet, or 300 feet from the top of bank of the watercourse, depending on the environmental sensitivity of the watercourse and its surrounding area. With a few exceptions, as set forth in N.J.A.C. 7:13-2.2 and 2.3, and subject to individual analysis of the specific property in question, every watercourse having a drainage area of 50 acres or greater possesses a riparian zone. Also, any naturally occurring watercourse having a discernible channel possesses a riparian zone, no matter how small the drainage area. The width of a riparian zone shall be as indicated below and as set forth in N.J.A.C. 7:13:

Responsibility for Riparian Zone Determination. The applicant or his or her designated representative shall be responsible for the initial width determination of a riparian zone and for identifying the riparian zone on any plan submitted to the Township in conjunction with an application for a construction permit or development plan approval or whenever the width determination is deemed necessary by the Zoning Enforcement Officer in order to determine compliance with this subsection. The initial determination shall be subject to approval by the Township Engineer and, when required pursuant to N.J.A.C. 7:13, subject to verification by the New Jersey Department of Environmental Protection.

Development Within a Riparian Zone. No development, disturbance of land or vegetation, use or activity is permitted within a riparian zone unless the applicant has obtained from the New Jersey Department of Environmental Protection an individual permit or a general permit, or has complied with the requirements of a permit-by-rule or a general permit-by-certification, as set forth in N.J.A.C. 7:13. An activity that is not a regulated activity pursuant to N.J.A.C. 7:13-2.4 is not subject to the requirement of this subsection.

Establishing a Riparian Zone Conservation Easement.