Howell Township City Zoning Code
ARTICLE IV
Standards of Performance
§ 188-18 Glare.
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.
§ 188-19 Air, water and environmental considerations.
[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.
§ 188-20 Storage and waste disposal.
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.
§ 188-21 Preservation of natural features.
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.
§ 188-22 Lighting.
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.
§ 188-23 Grading.
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.
§ 188-24 Sewers; water meters.
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]
§ 188-25 Soil erosion and sediment control.
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.
§ 188-26 Soil removal and redistribution.
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]
§ 188-26.1 Historic pesticide site sampling procedures.
[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.
§ 188-27 Stormwater runoff.
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.
§ 188-28 Sight triangles.
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.
§ 188-29 Soil percolation test requirements.
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.
§ 188-30 Footings and foundations. [1]
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.
§ 188-31 Individual plot plan requirements for residential or commercial construction/reconstruction.
[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.
§ 188-32 Recyclable materials storage.
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.
§ 188-33 Landscaping of parking areas.
All off-street parking lots shall be landscaped. There shall be at least one tree and one shrub for every 10 parking spaces.
§ 188-34 Riparian buffers and stream corridor preservation.
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:
Asters (Aster) |
Goldenrods (Solidago) |
Beebalm (Monarda didyma) |
Bergamont (Mondarda Fistulosa) |
Lobelias (Lobelia) |
Coneflower (Rudebeckia) |
Violets (Viola) |
Lillies (Lillium) |
Primrose (Oenothera) |
Milkwort (Polygala) |
Flatsedge (Cyperus) |
Hollies (Ilex) |
Lovegrass (Eragostis) |
Spirea (Spirea) |
Serviceberry (Amelanchier Arborea) |
Nannyberry (Viburnum Lentago) |
Sweet Pepperbush (Clethra Alnifolia) |
Sweetbay Magnolia (Magnolia) |
Hawthorns (Crategus) |
Redbud (Cercus Canadensis) |
Dogwoods (Comus) |
White Ash (Fraxinus Americana) |
Green Ash (Fraxinus Pennsylvanica) |
Birch (Betula) |
Sweetgum (Liquidambar Styraciflua) |
American Beech (Fagus Grandifolia) |
American Homwood |
Red Maple (Acer Rebrum) |
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. |
(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.