Mahwah City Zoning Code
§ 24-4.2
C200 Conservation.
[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
Editor's Note: The schedules are included as attachments to this chapter.
a.
Permitted Uses.
b.
Accessory Uses.
c.
Area, Bulk and Yard Requirements.
2.
Notwithstanding any other Township Land Use Regulations, the owner of a lot in the C200 zone which lot is non-conforming as to the area, width and/or depth may construct or alter a single family home on the undersized lot as of right if all the following requirements are satisfied:
(a)
The lot was a conforming lot in all aspects at the time the Municipality adopted an ordinance which rendered the lot non-conforming.
(b)
No property adjacent or contiguous to the subject lot was in common ownership with the subject lot at the time of adoption of the ordinance which rendered the lot non-conforming or at any time subsequent thereto.
(c)
The construction or alteration shall comply with all the requirements which were applicable to the subject lot at the time of adoption of the ordinance which rendered the lot non-conforming.
d.
Conditional Uses.
g.
The Conservation Zone is designated to be consistent within the special and unique character of the land. Regulations are designed to assure that the natural assets of the community such as the wooded slopes of the Ramapo Mountains and the water recharge areas of the Ramapo River are not disturbed and that potentially dangerous natural occurrences such as flooding and erosion are not aggravated. Accordingly, the following regulations are applicable:
1.
Environmental Impact Statement (EIS). An environmental impact report shall be required to accompany any application for development, including major subdivision applications, site plan approval, use variance request or any other action requiring a permit or approval from the Township with the exception of a development of an individual lot for a single family residential dwelling. An application for development shall not be deemed complete until the EIS is submitted to all approving agencies, including any County, State or Federal agencies having jurisdiction over the project. The municipal approving authority shall condition any approval it grants upon timely receipt of a favorable report from the County, State or Federal reviewing agency.
2.
Site Development Limit. To retain the existing character of the landscape and to prevent environmental degradation of the surrounding area, land use requiring disturbance, grading, clearance and/or tree removal shall be limited to twenty (20%) percent of individual building lots.
3.
Slope Protection.
(a)
The applicant shall adequately demonstrate that erosion, siltation, soil slippage or other soil displacement caused by water, wind, vehicular traffic, pedestrian traffic, structural load, agricultural activity, recreational activity, etc., shall be completely prevented through necessary engineering, design and construction.
(b)
Damage to roots, bark, trunks or limbs of trees, poisoning of vegetation, or any other degradation of the natural ground cover except where such vegetation must be removed and replaced by other forms of ground stabilization to allow the intended use as may be caused by vehicular or pedestrian traffic, agricultural or recreational activities, construction or structural disturbances, or other unnatural causes shall be completely prevented through necessary engineering, design and construction.
4.
Pollution Control. Adequate proof and guaranty that pollution or any degradation of the purity or temperature of surface water or groundwater from any source, including sewage, solid waste, petroleum residue, chemical fertilizers, building materials, heating or cooling systems, etc., shall be provided to the Board, Township Engineer and Environmental Commission.
5.
In order to assure compliance with the requirements of § 24-4.2 g, the approving authority may retain and/or require professional consultants or other governmental agencies to verify the information submitted by a developer the costs for such authorized professionals shall be collected and processed as provided for in § 22-3.4 h and § 26-3.2f.
6.
The development of all lands within the Conservation Zone are environmentally sensitive as provided in the New Jersey State Development Guide Plan and the New Jersey Development and Redevelopment Plan as promulgated by the New Jersey State Planning Commission. In order to preserve and enhance the environmental qualities of the area and to restrict "growth-inducing activities", no development within the C200 Zone shall be permitted to be served by a public sanitary sewer system of any size or any facilities which is dependent upon linkage with the Northwest Bergen County Sewer Authority or any similar sewer system.