Hainesport City Zoning Code
ARTICLE XVI
Stream Corridors
§ 104-147 Intent and purpose.
The intent and propose of this article is to protect property from flooding, to reduce land development impacts on stream water quality and flows, to protect existing natural drainage features, to protect others' rights within the same watershed from adverse effects of improper stream corridor development and to provide recreation and wildlife migration corridors.
§ 104-148 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Permanent or intermittent watercourses shown on USGS quadrangle maps, the Burlington County Soil Survey or such other source as the Joint Land Use Board may deem appropriate.
The stream channel and the land on either side of the stream channel which is within the 100-year floodplain or is a sloping area of 15% or greater that is contiguous to the stream channel or 100-year floodplain.
§ 104-149 General standards and requirements.
A.
General standards. Stream corridor buffers with a width of 50 feet shall be required around all stream channels, 100-year floodplains and contiguous slopes of 15% or greater, except for the Rancocas Creek and its tributaries, where the buffer shall have a width of 150 feet around all stream channels, 100-year floodplains and contiguous slopes of 15% or greater. No septic system shall be located within any stream corridor or within 100 feet of the top of a stream bank.
B.
Requirements. The following information shall be supplied for any development within a stream corridor and buffer. Such information shall be in addition to information required for site plan or subdivision review.
(1)
Delineation of stream corridors and buffers as defined above.
(2)
Detailed hydrologic engineering studies indicating the effects on drainage, streams and adjacent properties as well as the property in question, including the necessary data to determine whether the boundaries of the stream corridor and buffer would be affected if the application were granted.
(3)
A plan indicating the disposition of any fill materials proposed to be deposited by the grading or regrading of land.
(4)
A demonstration of how suitable techniques, including erosion and soil stabilization measures, sediment traps and nutrient control by vegetation filters or other mechanisms, will be incorporated to protect the stream.
(5)
An approved application for development on a lot, which contains a stream corridor or buffer or portion of a stream corridor or buffer, shall provide a conservation easement for the continued protection of the stream corridor and buffer. The conservation easement shall encompass the entire stream corridor and buffer. Conservation easements shall be perpetual, shall name the Township of Hainesport as beneficiary, shall prohibit erection of any structures and shall be confirmed by deed and by plat filed with the County Recording Officer in compliance with the Map Filing Law.[1] The Township Committee shall notify the Environmental Commission before vacating or modifying a conservation easement established on a stream corridor. Where the lands proposed for development include a portion of a stream corridor, a condition of any major subdivision or site plan approval shall be the revegetation of any portions of the required stream corridor buffer which were disturbed by prior land uses, such as agriculture. The vegetation plan shall utilize native tree and plant species and shall be approved by the Township Planner.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.