Delaware City Zoning Code

Minor subdivisions.

All other applications. After completing the mapping of the natural resources on the tract and the calculations required at Subsection C(2) and presented on the Lot Yield Calculation Form and on the Buildable Tract Area Calculation Form, and prior to preparing a preliminary subdivision plat or site plan, the applicant is urged to appear before the Planning Board for informal review for a determination of the lot yield and the buildable tract area and so that the Board will be able to advise the applicant as to the development alternative proposed to be utilized and the layout of the subdivision or development of the tract consistent with the Township's criteria and the objectives of the Master Plan.

Exemptions. Subdivision of tracts outside of the A-1 Zone or A-2 Zone and subdivisions of tracts of less than 12 acres in the A-1 Zone and less than 24 acres in the A-2 Zone shall not be required to include Class I, Class II and Class III agricultural soils in the natural resources mapping nor on the Buildable Tract Area Calculation Form.

Applicability. The Lot Yield and Buildable Tract Area Calculation Forms shall be submitted prior to the submission of all minor subdivision applications and at the informal sketch or conceptual plan stage for all subdivision and site plans or prior to the issuance of a construction permit, unless otherwise provided in this section. In addition, any development proposing one or more single-family detached dwelling(s) must comply with § 230-12G(1), Exceptions to minimum lot size and yard requirements.

Submission requirements.

Calculation of maximum permitted impervious surface coverage.

Floodplains and floodplain soils. All such lands shall remain as open space. No structures, roads, filling, piping, diverting, or stormwater detention basins shall be permitted in the floodplain unless the use, activity or development occurring in the floodplain is in compliance with § 230-120, Floodplain management, and has been approved by the New Jersey Department of Environmental Protection.

Lakes, ponds, wetlands, and watercourses. Wetlands including wetland buffers, lakes, ponds, and watercourses shall remain as one-hundred-percent open space. No development, filling, piping, or diverting shall be allowed unless specifically permitted by the state or federal agency having jurisdiction over said activity.

Stream corridors. Stream corridors are defined and regulated at § 230-126 of this chapter.

Lake and pond shorelines. None of the lands within 50 feet of the shoreline of a lake or pond shall be regraded or developed, except to allow for limited and appropriate recreational uses (e.g., docks).

Steep slopes.

Woodlands. All wooded areas shall be subject to the following restrictions when the area of each individual association is greater than 1/4 acre.

Trees on wooded lots.

Agricultural soils. Within the A-1 Zone only, for all areas of prime agricultural soils as listed in the Hunterdon County Soil Survey, prepared by the U.S. Department of Agriculture, Natural Resources Conservation Service, the following standards shall apply:

Floodplains and floodplain soils. The one-hundred-year floodplain shall be based on the current Federal Emergency Management maps for Delaware Township, unless a more specific delineation has been undertaken by the NJDEP. Floodplain soils shall be based on the mappings and classifications contained in the Hunterdon County Soil Survey prepared by the U.S.D.A. Natural Resources Conservation Service. For all major subdivisions and site plans, these sources must be supplemented by site-specific data resulting from a topographic survey of the tract and the results of any on-site soil tests conducted within the preceding two years.

Lakes, ponds, wetlands and watercourses. Lakes, ponds and watercourses shall be as shown on the United States Geological Survey maps, Lumberville, Pittstown or Stockton quadrangles, as applicable, and shall include all continuously flowing and intermittent streams. Wetlands and water bodies identified as state open waters shall be as delineated on the Freshwater Wetlands maps published by the NJDEP and keyed to the above listed quadrangles or quarter-quadrangles, if available. For all major subdivisions and site plans, these sources must be supplemented by site-specific data resulting from a topographic survey of the tract and a wetlands investigation report prepared by a qualified professional and verified by the NJDEP in a letter of interpretation (LOI). Required wetlands transition areas shall be as indicated in the LOI.

Stream corridors. The stream corridor shall be determined for each stream pursuant to Subsection B based upon information derived from the following sources: the U.S. Geological Survey (USGS) Quadrangle maps, the USDA Hunterdon County Soil Survey maps, the most recent state aerial photography, NJDEP floodway delineations, FEMA maps and NJDEP wetland delineations. For all major subdivisions and site plans, such information shall be supplemented with site-specific data resulting from a topographic survey of the tract and the other studies required elsewhere in Article XII of this chapter. Such survey shall, as a minimum, show existing vegetation on the tract; field-delineated streams; field-delineated wetlands; the one-hundred-year floodplain shown on the FEMA maps and the floodway, if delineated by the NJDEP; soil classifications; existing subdrainage areas, sized, with HUC-14 designations; and a slope analysis within each subdrainage area identifying slopes that are 15% and above but less than 20%, 20% and above but less than 25%, and 25% and above.

Lake and pond shorelines. The shoreline of any lake or pond shall be delineated based upon historical records, if available, indicating the highest elevation of the water level, and shall be further documented by on-site soil tests, applicable floodplain data, and the wetlands delineation and LOI.

Steep slopes. Steep slopes shall be identified for major subdivisions and site plans based on a topographic survey of the tract showing two-foot contours as well as a subsequent analysis of the degree of slope at ten-foot intervals. For minor subdivisions, the topographic data shown for the entire tract on the applicable USGS quadrangle map will be sufficient unless the Board determines that site conditions or the nature of the development contemplated warrants more detailed information.

Woodlands. For all major subdivisions and site plans, the type and extent of woodlands present shall be determined by an on-site investigation undertaken by a qualified forester with the results mapped on the topographic survey of the tract. For minor subdivisions, recent aerial photography may be substituted for the on-site investigation.

Agricultural soils. Agricultural soils shall be identified based upon the soils classifications and mappings contained in the Hunterdon County Soil Survey prepared by the U.S.D.A. Natural Resources Conservation Service. For all major subdivisions and site plans, the U.S.D.A. Natural Resources Conservation Service mappings of soils shall be supplemented by site-specific data resulting from a topographic survey of the tract and the results of any on-site soil tests conducted within the preceding two years.

Subdivision of land for agricultural purposes shall be exempt from the requirements of this section.

An applicant may arrange an early review meeting with the Subdivision and Site Plan Review Subcommittee and may submit to the Subcommittee sufficient information concerning the proposed development to allow the Subcommittee to make an informed decision on whether some, or all, of the documentation required in this section can be waived. In such an event, the Subcommittee shall indicate what specific documentation listed in this § 230-117 shall be required to process the application in a thorough and informed manner.

A description of the development and the proposed lot layout and the proposed land for agricultural deed restriction, if any.

The following information concerning the farmland and agricultural production characteristics of the parcel for development:

The following information concerning land use surrounding the parcel proposed for development:

The following information regarding any proposal to place a permanent agricultural deed restriction on a portion or portions of a parcel, if applicable:

A description of the development specifying what is to be done and how it is to be done during construction and operation.

An inventory of existing environmental conditions at the project site and in the immediate surrounding region, including:

EIR licenses, permits, and approvals. The EIR shall list all licenses, permits and approvals needed to be furnished by federal, state, county or municipal law and the status of these permits and approvals. All pertinent correspondence between the applicant and these governmental bodies or agencies shall be included in the report.

Listing of adverse environmental impacts. A listing and evaluation shall be included regarding those adverse environmental impacts of the proposed development which cannot be avoided, with particular emphasis on air and water pollution, increase in noise, damage to natural resources, displacement of people and businesses, loss of farmland, increase in soil erosion, increase in runoff, increase in municipal services, effect on wildlife, and effect on scenic amenities. Both on-site and off-site impacts shall be set forth and evaluated.

Mitigation of adverse environmental impacts. A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the development site and in the surrounding region. Such description is to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the steps to be taken. The developer or his consultants in overall charge of the EIR shall include therein all steps that the developer must undertake to successfully implement the recommendations of the report. Recommended steps must include a positive statement affirming the developer's intent to undertake this work by using terms such as "shall be," "must," etc.

EIR required for public or quasi-public projects. The EIR required herein shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law by supervening county, state or federal law.

Copies of EIR. Sixteen copies of the EIR shall be submitted to the Planning Board together with a fees as set forth in the Fee Schedule.[1]

Noxious, hazardous or offensive uses standards for determination. Except for agricultural uses, which are exempt to the extent provided in the New Jersey Right to Farm Act[1] and § 230-15 herein, no use shall be permitted which will be noxious or offensive to the immediately surrounding area by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard, whether by fire, explosion, or otherwise. In determining whether a proposed use is noxious, hazardous, or offensive, all of the following standards shall apply:

Proof requirements for noxious, hazardous or offensive uses. When required by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above. If required for certain uses, the applicant shall submit supplemental information, plans, and impartial expert judgments, and the Township may require the expert advise of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.

Common wastewater disposal systems. Any subdivision of land or land development proposed in which the lots are to be less than 1.5 acres in size shall be served by a common wastewater disposal system, or by sewers approved by the NJDEP and in accordance with the provisions set forth in §§ 230-16D and 230-17D of this chapter. Such wastewater disposal system shall meet the requirements of the approving agency having jurisdiction and shall be owned, maintained and managed by the developer, a homeowners' association or by an agency contracted by the developer or the homeowner's association that is licensed to construct and maintain said system.

Condition of approval. As a condition of approval of any business or industrial use, or for building, processing, installation, production or other use in any district, except agricultural uses, the applicant shall supply evidence, satisfactory to the Construction Official or to his designated representative, that the proposed building, processing, installation, production or other use will conform fully with all of the applicable performance standards of this section. As evidence of compliance, the Construction Official may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. Such fees and costs must be paid before a certificate of occupancy will be issued. The Construction Official may require that specific operation procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required to assure compliance with the performance standards listed below.

General regulations. No use, except agricultural uses that conform to state and federal regulations, shall be established, maintained or conducted that will cause any of the following:

Liquid wastes. No liquid wastes shall be discharged directly or indirectly into any watercourse in the municipality, except as herein provided. If waste treatment facilities are proposed to be constructed, the applicant shall supply the following:

Storage and waste disposal. No materials including waste and substances that can contaminate a stream or aquifer shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or force. All materials that might cause fumes or dust or which constitute a fire or explosion hazard, or that might be attractive to rodents or insects, shall be stored indoors in appropriate containers adequate to eliminate such hazards.

Industrial wastes. No industrial waste shall be discharged into the public sewage collection and disposal system unless the Township Board of Health and the appropriate sewerage authority shall have first investigated the character and volume of such waste and shall have certified in writing that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said authorities.

Solid wastes. Each industrial use shall conform to the appropriate codes of the State of New Jersey and the Township of Delaware pertaining to the disposal of solid wastes.

Fire and explosion hazards.

Storage. The storage of more than 10,000 gallons of materials or products having a closed-cup flash point less than 120° F., including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association, and the requirements of any other ordinances of the Township.

To protect human life and health;

To minimize expenditure of public money for costly flood control projects;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities such as water mains, electric, telephone and sewer lines, streets and ridges located in areas prone to flooding;

To protect water quality;

To protect wildlife habitats;

To maintain aesthetic character of lands near streams, lakes, and other watercourses; and

To prevent siltation of streams and watercourses.

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. Additionally, specific soil conservation practices such as terracing, construction of diversions, subsurface drainage and the construction of grassed waterways and dug ponds will be considered permitted uses, but only when designed and constructed under the supervision of the appropriate Soil Conservation District. Plastic-covered greenhouses constructed without permanent foundations are permitted uses. Also permitted are fences associated with the foregoing agricultural uses.

Accessory residential uses, such as yard areas, gardens, play areas, open landscaping fences, barbecues, and driving and parking areas with grass block or other porous surface.

If otherwise permitted, public and private recreational uses and activities, such as parks, playing fields, picnic grounds, golf courses, boat launching and swimming areas, wildlife and nature preserves, game farms, hiking and horseback riding trails, shooting preserves, hunting and fishing areas, tennis courts, basketball courts, driving ranges, archery ranges, and fish hatcheries.

Accessory commercial uses, such as yard areas, and parking and loading areas with porous surfaces.

Regulations.

Data required. The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. The plan shall conform to standards set forth in Standards for Erosion and Sediment Control promulgated by the New Jersey State Soil Conservation Committee. Plan preparation shall be by a professional engineer licensed in the State of New Jersey or other qualified individual. The applicant may consult with the Hunterdon County Soil Conservation District in selecting appropriate control measures. The requirements for a soil erosion and sedimentation control plan are set forth in Article XI.

Regulations.

Data required. The applicant shall submit a separate stormwater management plan for each noncontiguous site. The stormwater management plan shall be prepared, signed and sealed by a professional engineer licensed in the State of New Jersey. The requirements for a stormwater management plan are set forth in Article XI.

Residential developments of two or more new lots or dwelling units and all applications for nonresidential uses that will result in total groundwater withdrawals greater than 800 gallons per day and all nonexempt agricultural uses shall demonstrate that adequate water supply is available for the existing and proposed use(s) on site without adverse impacts on neighboring wells and other resources, including but not limited to wetlands and streams.

Groundwater quality is acceptable for drinking water purposes (or other intended use in the case of a nonresidential or agricultural application).

The impacts of the proposed withdrawal of the groundwater resource will not interfere with use of the resource by existing proximate users.

All residential developments of two or more new lots or dwelling units and all applications for nonresidential uses involving either the creation of a new water use or a total projected water use or consumption greater than 800 gallons per day.

The provisions of this section shall not apply to any agricultural wells that do not trigger either a water allocation permit pursuant to N.J.A.C. 7:19-2.2 or a water usage certification for agriculture, aquaculture or horticulture pursuant to N.J.A.C. 7:20A-2.

Where New Jersey Department of Environmental Protection approval is required for a water allocation permit pursuant to N.J.A.C. 7:19-2.2 or a water usage certification for agriculture, aquaculture or horticulture pursuant to N.J.A.C. 7:20A-2, the Board's approval shall be contingent upon receipt of the permit or certification, as applicable, as well as compliance with this § 230-125.

The purpose of undertaking an aquifer test and hydrogeologic evaluation is to:

Where applicable pursuant to Subsection C, the requirements for aquifer testing and hydrogeologic evaluation are as follows:

The procedures for aquifer testing and hydrogeologic evaluation shall be as follows:

The requirements for the aquifer test plan and aquifer test shall be as follows:

The requirements for the submission of the hydrogeologic report and the evaluation of the results of the aquifer test shall be as follows:

The purpose of the water quality evaluation is to determine that the groundwater used to supply a proposed use or development does not contain more than the maximum contaminant levels established by the NJDEP for drinking water quality. In the event that one or more constituents do not meet the applicable MCLs, standard treatment systems need to be readily available.

Determination of water quality shall be in accordance with the following:

Water quality analyses shall be undertaken within 160 days of submission of an application for development or application for a permit.

If a lot is proposed to connect with a public or community water system, the applicant shall present proof of permission to connect with that system.

If a lot or lots will utilize individual wells, the aquifer testing and hydrogeologic analysis and water quality requirements of this § 230-125 shall be met, where applicable. Moreover, 25% of the proposed wells shall have been constructed in accordance with all requirements of the County Health Department as a condition of preliminary approval of any major subdivision and before submission of a final major subdivision application. The wells shall be constructed on every fourth lot following the grant of preliminary approval so that in the event it is found that adequate water supply cannot be provided to a particular lot, that lot may be merged at the time of final approval with an adjoining lot that already has a dependable well. The applicant shall submit a letter from the Hunterdon County Health Department stating that all constructed wells meet county standards.

Protect the health, welfare and property of residents downstream from increased levels of flow and contamination resulting from improper land development within the stream corridors of the Township.

Provide for environmentally sound use of land resources in Delaware Township by protecting and maintaining riparian and aquatic ecosystems in designated stream corridor areas.

Preserve and protect vegetative buffers and steep slopes along stream corridors or restore vegetative buffers, where compromised, for their value in maintaining stream bank stability and reducing the effects of stormwater runoff and resulting erosion and sedimentation.

Maintain the quality of surface water originating within the Township that contributes to public water supplies downstream any conserving or restoring the vegetative buffers of stream corridors that help to reduce the inflow to streams of excessive nutrients, sediment, excessive amounts of organic matter and other pollutants.

Complement state-mandated water quality regulations.

For Category One waterways, the stream corridor shall be measured as defined at N.J.A.C. 7:8-5.5(h).

For all other streams, the stream corridor shall be measured from the defined edge of the top of bank of each side of an intermittent or perennial stream, or from the stream center line if a bank is not defined, and shall extend 50 feet horizontally outward perpendicular from said points of beginning on both sides of the stream.

If any portion of a steep slope (slopes in excess of 15%) is located within a stream corridor, the entire portion of the steep slope ascending from the stream within the first 300 feet of the point of measurement shall be included in the stream corridor.

Where a floodway has been delineated by the NJDEP, the entire floodway shall be encompassed within the stream corridor. Where the floodway has not been delineated by the NJDEP, the portion of the one-hundred-year floodplain determined by the municipal engineer to constitute the floodway as defined in this chapter shall be encompassed within the stream corridor.

The provisions of Subsection B are applicable to all development as defined at N.J.S.A. 40:55D-4 ["Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or structure, or land or extension of use of land for which permission may be required pursuant to this act (Municipal Land Use Law, Chapter 291, Laws of 1975, as amended).[1]] affecting the stream corridors of non-Category One waterways except for the following exemptions:

All development applications shall include maps identifying any and all streams and adjacent floodplains, wetlands and steep slopes within 300 feet of the proposed disturbance associated with the development approval sought.

The applicant shall make the initial determination of the presence of stream corridor(s) on the site of the proposed development, and shall delineate the corridor(s) on the maps submitted in conjunction with the development application. The Board having jurisdiction over the development application shall confirm the delineation submitted by the applicant based upon the advice of the municipal engineer and/or the municipal environmental consultant, as directed by the Board, except where the delineation is subject to the jurisdiction of the NJDEP, in which case, the Board shall condition its approval on the NJDEP's confirmation of the stream corridor as delineated by the applicant.

Approval by the municipality of a development application shall neither be deemed a grant nor a waiver of the permits or approvals required by any other governmental or public agency, pursuant to ordinance, statute or regulation. The applicant shall be responsible for obtaining all permits or approvals that are or may be required by such agencies and shall not proceed with any land disturbance approved by the municipality until such other agency approvals or permits as may be required are obtained.

Wherever a state, federal, county or regional agency or authority with jurisdiction over a stream requires a wider stream corridor than required herein, the wider stream corridor requirement shall apply, and wherever a state, federal, county or regional agency or authority with jurisdiction over a stream requires more stringent regulation of a stream corridor than required herein, the regulations of such other agency or authority shall apply.

Woodland preserves and arboretums for local, native species only, with non-enclosed structures.

Public parks for passive recreation.

Unpaved, completely pervious hiking trails and bridle paths.

Fishing areas and game farms, fish hatcheries and fishing reserves operated for the protection and propagation of wildlife, with no enclosed structures.

Reconstruction of a structure that predates the adoption of this chapter in the event of damage or destruction by fire, or natural hazards, provided the reconstruction does not have a greater footprint or total area than that of the damaged structure. Any such reconstruction shall be performed in accordance with current state and federal regulations governing construction within floodplains.

Preexisting agricultural production activities consistent with the Delaware Township Right-to-Farm Ordinance,[2] provided that no impervious surfaces shall be created or added to a designated stream corridor in connection with said agricultural use or production and no additional structures, clearing, dumping or stockpiling of any material, whether organic or not, shall be permitted within a designated stream corridor.

New agricultural production activities within a designated stream corridor consistent with the agricultural management practices for agricultural uses in riparian corridors developed by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), as contained in the NRCS Field Office Technical Guide.

Public access for swimming, fishing, boating and hunting.

Maintenance of existing landscaping in place as of the adoption of this chapter.

Removal of invasive species (i.e., species identified as such under the NJ List column of the Plant Stewardship Index database available at www.bhwp.org and maintained on file in the office of the Delaware Township Clerk).

Pruning of live trees and removal of dead tree limbs and downed trees for reasons of imminent safety, which may include restoring unimpeded stream flow.

Projects that promote the preservation of plant and animal habitats, subject to approval by the applicable Board.

For Category One waterways, requests for exemptions or modifications shall be subject to the authority of the New Jersey Department of Environmental Protection and not the Township of Delaware.

For non-Category One waterways, the following activities are permitted in a stream corridor where a subdivision or site plan cannot be designed in the manner set forth in Subsection E above, or where the use of the stream corridor is the only reasonable and appropriate means of achieving access to a developable portion of a tract, or, in the case of a preexisting lot, where there is insufficient room on the lot outside the stream corridor for permitted principal and/or accessory uses. In any of these cases, there must be no other reasonable or prudent alternative to placement of a structure or improvement within the stream corridor and the approval of the activity shall be subject to the issuance of any and all applicable permits from the NJDEP and the approvals of any and all other agencies and authorities having jurisdiction.

For Category One waterways, requests for exemptions or modifications shall be subject to the authority of the New Jersey Department of Environmental Protection and not the Township of Delaware.

For all non-Category One streams, a variance pursuant to N.J.S.A. 40:55D-70c may be sought from whichever Board otherwise has jurisdiction over the application.

Any relief granted shall be the minimum necessary to overcome the effects of the stream corridor regulations on the lot or project and shall only be granted if there is no reasonable or prudent alternative to granting the relief requested. The applicant, in presenting the request for relief, shall include an evaluation of possible alternatives to placement of the proposed structure or improvement within the stream corridor, including the alternative of seeking a variance or variances from setback or other requirements that would allow conformance with the stream corridor requirements of this section.

As a condition of granting the requested relief, the Board shall require that the applicant mitigate the intrusion into the stream corridor to the maximum extent practicable by rehabilitating the remaining stream corridor on the property. Rehabilitation shall include revegetation/reforestation/afforestation, stream bank stabilization and removal of debris in accordance with a Stream Corridor Management Plan prepared pursuant to Subsection H and approved by the Board.

The SCMP shall be prepared by an environmental professional, professional engineer or other qualified professional.

The SCMP shall identify existing conditions, including:

The SCMP shall include improvement and management provisions in narrative and/or graphic form specifying:

All permits and approvals from other agencies and authorities necessary to implement the SCMP shall be identified and shall be obtained as a condition of approval of the development application approved by the Township.

An SCMP shall be approved, disapproved or conditionally approved by the Board based upon the review and written recommendations of the Township's Environmental Commission, the Municipal Engineer and the municipal environmental consultant and the resolution of the Board shall contain findings based upon said reviews.

No trees or shrubs, living or dead, shall be removed or destroyed on lands in a stream corridor except as authorized as part of the approval of the development application or as part of an approved forest management plan, provided that pruning of live trees for reasons of imminent safety and clearing of downed trees and invasive species shall be permitted.

No structures of any description shall be erected and no change in the surface of the land shall occur except as specifically authorized pursuant to this section.

No dumping or stockpiling of manure, leaves or organic or inorganic debris of any kind and no fill or excavation of any kind shall be permitted.

No recreational or vocational activity that generates noise, dust, emissions or vibrations that may be potentially deleterious to wildlife habitats, water quality, or stream bank stability shall be permitted, except as specifically authorized pursuant to this section.

In order to ensure continued protection of stream corridors, all subdivisions or site plans approved from the effective date hereof (excluding boundary line adjustments where no new lots are created; agricultural divisions of land; and, for any lot so preserved, minor subdivisions that result in the preservation of open space or that allow for the preservation of farmland through the State's Farmland Preservation Program) shall provide for the permanent restriction of designated stream corridor areas by a recorded conservation easement running to Delaware Township. The conservation easement shall encompass the entire designated stream corridor or, where the stream corridor is approved for disturbance, the entire undisturbed portion of the designated stream corridor plus the entire mitigation area established to offset the disturbance. Creation of a conservation easement shall not confer rights of public access within the easement area. Conservation easements shall: be perpetual; run to the Township of Delaware; be recorded by deed and plat filed with the County Recording Office; recite all prohibited uses and all conditions of approval within the designated stream corridor; specifically permit entry with prior notice onto the property by the municipality or its authorized agent(s) for purposes of accessing the stream corridor to inspect and monitor compliance with the terms of the conservation easement and this section.

Designated stream corridor boundaries shall be staked in the field prior to the start of any construction activity and shall be protected by snow fencing or other barriers during construction.

Where there appears to be a conflict between the mapped boundaries of a designated stream corridor and actual field conditions, the municipal engineer shall determine the exact location(s) of the designated stream corridor. The Zoning Board of Adjustment shall hear and decide any appeal from the determination of the municipal engineer pursuant to N.J.S.A. 40:55D-70a.

The provisions of this section shall be enforceable as provided at Article XVI, § 230-150.