Lakehurst City Zoning Code
§ 25-27.50
Wetlands.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1346; Ord. No. 12/82 §§ VIII, XI; Ord. No. 7/20/89 §§ 39-47; Ord. No. 93-05; Ord. No. 2011-02]
a.
Development shall be prohibited in all wetlands and wetlands transition areas within the Borough except as otherwise specified in this section.
b.
Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6, Part V.
c.
Beekeeping shall be permitted in all wetlands.
d.
Forestry shall be permitted in all wetlands subject to the requirements of NJAC 7:50-6.41 et seq.
e.
Fish and wildlife management and wetlands management activities in accordance with NJAC 7:50-6.10 shall be permitted in all wetlands.
f.
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth below.
g.
Docks, piers, moorings, and boat launches for the use of a landowner shall be permitted in all wetlands provided that the use will not result in a significant adverse impact as set forth in N.J.A.C. 7:50-6.7 and conforms to all State and Federal Regulations.
h.
Commercial or public docks, piers, moorings, and boat launches shall be permitted provided that: there is a demonstrated need for the facility that cannot be met by existing facilities; the development conforms with all State and Federal regulations; and the development will not result in a significant adverse impact as set forth in N.J.A.C. 7:50-6.7.
i.
Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities provided that:
1.
There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
2.
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
3.
The use represents a need which overrides the importance of protecting the wetland;
4.
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
5.
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
j.
In that portion of the Pinelands Area, Lakehurst, lying east of Myrtle Street and south of Chestnut Street, no development, except for those uses which are specifically authorized in this subsection, shall be carried out within 100 feet of any wetland, unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in N.J.A.C. 7:50-6.7.
k.
In that portion of the Pinelands Area, Lakehurst, lying west of Myrtle Street and north of Chestnut Street, no development, except for those uses which are specifically authorized in this subsection, shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in N.J.A.C. 7:50-6.7.