Lindenwold City Zoning Code
ARTICLE XX
Critical and Sensitive Areas
§ 365-111 Purpose.
The purpose of this article is to provide for the reasonable control of construction in areas containing critical or sensitive environmental features, where improper construction would result in a negative or irreversible impact on the environment. Development control shall be by means of special construction standards intended to promote the health, safety and general welfare of the public by minimizing adverse environmental impact.
§ 365-112 Critical area requirements.
Lands in which any development will have an adverse impact on the environment that cannot be mitigated shall be deemed critical and shall be identified by the following characteristics:
A.
Property in or on state open waters.
B.
Freshwater wetlands.
C.
Surface waters and floodways as delineated on the Flood Boundary and Floodway Maps of the Borough of Lindenwold prepared by FEMA. Waterways with less than 50 acres of contributory drainage area to the downstream-most point of the project site shall not be deemed to have a critical floodway.
D.
Critical steep slopes greater than or equal to 30%. Slopes with a continuous vertical drop of less than four feet shall not be deemed critical steep slopes for the purpose of this section.
§ 365-113 Construction limitations in critical areas.
A.
Notwithstanding any other provision of Chapter 190, Land Use and Development, of this Code, no building or structure shall be erected, constructed or enlarged above or below ground level nor shall any soil or vegetation be disturbed within a critical area, except as permitted in this article.
B.
No building or structure shall be erected, constructed or enlarged above or below ground level within 50 feet of the top of a critical steep slope as defined above. The Board may reduce the required distance based upon a finding by the Municipal Engineer that design adequately provides preservation of the slope.
C.
A municipal construction permit shall be required prior to soil or vegetative disturbance on or within 50 feet of the top of a critical steep slope.
§ 365-114 Permitted construction in critical areas.
The following may be permitted by the Board in critical areas:
A.
Dams, culverts, bridges or other drainage structures for the control of floodwaters, provided that all approvals of applicable agencies are obtained and that the Board finds that the facilities are designed in such manner so as not to result in unnecessary disturbance and the destruction of the natural character of the area.
B.
Natural open spaces, woodland preserves, wildlife sanctuaries, and arboretums.
C.
Utility mains, sewage pumping or metering stations and electrical transmission lines and appurtenances.
D.
Reforestation in accordance with recognized conservation practices and applicable agency approvals.
E.
Recreation uses such as parks, picnic groves, golf courses and hunting clubs.
F.
Recreation uses related to water, such as swimming, boating, canoeing, and fishing.
G.
Accessory uses customarily incidental to any of the above, but excluding buildings and on-site sewage disposal or treatment facilities.
§ 365-115 Considerations for development in critical areas.
In considering construction in critical areas the following standards will apply:
D.
Unless an EIS is waived by the Board, endangered or threatened plants and wildlife shall not be harmed.
E.
The cost of providing and maintaining public facilities and services to those areas where critical steep slopes may be disturbed shall not be substantially increased as a result of such disturbance.
F.
Critical steep slopes. The following standards shall apply to construction in critical steep slope areas:
(1)
The removal of trees within a critical steep slope shall be prohibited except in accordance with a plan approved by the Municipal Engineer and all applicable agencies. If a variance is requested from the prohibition of removal of trees within a critical steep slope, the Board may require replanting of trees or other acceptable landscape materials in a ratio of one plant for every two removed in order to mitigate the disturbance.
(2)
The disturbance resulting from the development of any critical steep slope shall be revegetated to the satisfaction of the Board and the Board's professionals. The landscaping should provide long-term stabilization, use vegetation native to Lindenwold and require low maintenance.
(3)
The development within a critical steep slope shall require the disturbed areas to be graded and stabilized in accordance with New Jersey Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., immediately following construction, even if the disturbance is less than 5,000 square feet.[4]
(4)
The flow of stormwater runoff above or upon the critical steep slope shall be disbursed, conveyed or otherwise controlled in a manner which will avert the concentration of surface flows. The applicant shall demonstrate that there will not be a substantial increase in the peak rate of runoff from the two-, ten- or one-hundred-year storm from the proposed development onto any adjacent property, even if the development does not meet the definition of "major development" under the Residential Site Improvement Standards. A substantial increase will be considered any flow greater than one cubic foot per second (cfs) from a design storm event.[5]
(5)
Driveways shall be prohibited on critical steep slopes unless it is demonstrated to the satisfaction of the Board that no feasible alternative exists, in which case the driveway shall be graded to a maximum of 10%.
§ 365-116 Sensitive area requirements.
Sensitive areas are lands wherein additional caution is needed for development to take place, in order to protect against substantial detriment to the environment. Development control shall be by means of special performance standards intended to promote the health, safety and general welfare of the public by minimizing adverse environmental impact. Sensitive areas shall be identified by the following characteristics:
A.
Sensitive steep slopes. Where the gradient is greater than or equal to 15% but less than 30%. Slopes with a continuous vertical drop of less than five feet shall not be deemed sensitive steep slopes for the purpose of this section.
B.
Transition areas. Pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).
C.
Special flood hazard areas. As designated (Zones A and B) on the current Flood Insurance Rate Maps of the Borough of Lindenwold.
D.
Flood hazard areas. But excluding the floodway of a stream or waterway as delineated or approved by the New Jersey Department of Environmental Protection.
E.
Nondelineated streams and waterways. With less than 50 acres of contributory drainage area.
F.
Shallow water table. Where the depth to the seasonal high-water table is less than four feet below the surface of the ground.
§ 365-117 Construction limitations in sensitive steep slope areas.
A.
Notwithstanding any other provision of Chapter 190, Land Use and Development, of this Code, no building or structure shall be erected, constructed or enlarged above or below ground level nor shall any soil or vegetation be disturbed within a sensitive steep slope area, except as permitted in this article.
B.
No building or structure shall be erected, constructed or enlarged above or below ground level within 35 feet of the top of a sensitive steep slope as defined above. The Board may reduce the required distance based upon a finding by the Municipal Engineer that the design adequately provides for the safety of the structure as well as the preservation of the slope.
C.
Structures may be permitted in aquifer outcrop and shallow water tables, provided that they comply with the requirements listed below.
§ 365-118 Requirements for construction in sensitive areas.
In considering construction in sensitive areas the following standards will apply:
C.
Sensitive steep slopes. The following standards shall apply to construction in sensitive steep slope areas:
(1)
The removal of trees and the disturbance of soil shall be prohibited except in accordance with a plan approved by the Municipal Engineer and all applicable agencies.
(2)
Disturbed areas shall be graded and stabilized in accordance with New Jersey Soil Erosion and Sediment Control Act immediately following construction, even if the disturbance is less than 5,000 square feet.
(3)
The flow of stormwater runoff above or upon the slope shall be disbursed, conveyed or otherwise controlled in a manner which will avert the concentration of surface flows. The applicant shall demonstrate that there will not be a substantial increase in the peak rate of runoff from the two-, ten- or one-hundred-year storm from the proposed development onto any adjacent property, even if the development does not meet the definition of "major development" under the Residential Site Improvement Standards. A substantial increase will be considered any flow greater than one cubic foot per second (cfs) from a design storm event.[3]
(4)
Driveways shall be prohibited on sensitive steep slopes unless it is demonstrated to the satisfaction of the Board that no feasible alternative exists, in which case the driveway shall be graded to a maximum of 10%.
D.
Transition areas. Construction may be permitted in New Jersey freshwater transition areas to the extent allowed by, and in accordance with, the standards of the New Jersey Department of Environmental Protection.
E.
Nondelineated streams. Construction shall not be permitted to alter, disrupt or otherwise impede the flow of water in a nondelineated waterway except in accordance with a plan approved by the Municipal Engineer, applicable municipal board, and any agency having jurisdiction.
F.
Shallow water table.
(1)
Basements and cellars shall be prohibited in land containing a shallow water table unless it is demonstrated to the satisfaction of the Municipal Engineer and Board that it will not significantly affect the water table or result in seepage through or excessive pressure on the foundation wall.
(2)
Stormwater detention/retention facilities shall be designed so as not to significantly affect nor be affected by the shallow water table. All stormwater management facilities and best management practices shall be designed in accordance with the New Jersey Best Management Practices design standards.
(3)
Filling to accommodate a septic system above the water table, in accordance with N.J.A.C. 7:9A-1.1 et seq. (amendments to P.L. 1954, c. 199), may be permitted only where it is demonstrated that the grading will not adversely affect runoff from the site or otherwise negatively impact properties.
(4)
Underdrain systems may be required to intercept and convey water away from streets, parking areas and structures.