Manalapan Township City Zoning Code

§ 95-8.12

Stream corridor regulations.

[Added 9-18-2002 by Ord. No. 02-24]

The purpose of these stream corridor regulations is to:

Improve the management, care, and conservation of the water resources of Manalapan Township.

Protect significant ecological components of stream corridors such as floodplains, woodlands, steep slopes and wildlife and plant life habitats within the stream corridors of the watershed; and prevent flood-related damage to the communities of the watershed.

Complement existing state, regional, county and municipal stream corridor and flood hazard protection and management regulations and initiatives.

Coordinate the regulation of development within stream corridors in a manner complementary and consistent with the Township's other regulatory approaches regarding critical and environmentally sensitive areas, including the Township Flood Hazard Overlay District.

Reduce the amount of nutrients, sediment, organic matter pesticides, and other harmful substances that reach watercourses, and subsurface and surface water bodies by using scientifically proven processes including filtration, deposition, absorption, adsorption, plant uptake, biodegradation, denitrification and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.

Regulate the land use, siting and engineering of all development to be consistent with the intent and objectives of this chapter and accepted conservation practices.

Conserve natural, scenic, and recreation areas within and adjacent to streams and water bodies.

Support the water resource policies of the New Jersey State development and redevelopment plan.

Advance the purposes of the New Jersey Municipal Land Use Law with particular regard to those purposes set forth pursuant to N.J.S.A. 40:55D-2a,b,d,i, and j.

Applicability.

All tracts that are the subject of an application for subdivision, site plan, conditional use, or variance approval that fall in whole or in part within a stream corridor or stream corridor buffer or the Flood Hazard Overlay District shall be subject to the standards set forth in this section.

Review of any land disturbance in a stream corridor or stream corridor buffer or the Flood Hazard Overlay District shall be undertaken as part of the application review by the municipal agency.

Standards.

Permitted activities. Stream corridors and stream corridor 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), altering of watercourses, regrading or construction, except for the following activities:

Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures.

Game farms, fish hatcheries, and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.

Hiking, bicycle, and bridle trails, including bridges or other structures appurtenant thereto constructed.

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.

Fishing areas.

Cultivation of the soil for agricultural or horticultural production, pasture, and similar agricultural uses undertaken in accordance with agricultural best management practices to reduce or prevent nonpoint source pollution.

Location of activities on tracts partially within stream corridors.

All new lots in major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of stream corridors and stream corridor buffers to accommodate principal buildings and uses as well as any permitted accessory uses.

The municipal agency may allow an average stream corridor buffer width of 100 feet from the one-hundred-year floodline, thus allowing reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereon. The stream corridor width may be reduced to a minimum of 75 feet from the one-hundred-year floodline provided there is an equivalent increase in the width elsewhere on site and that all relevant permits (e.g., stream encroachment, freshwater wetlands) are obtained.

Activities in stream corridors and stream corridor buffers when there is no reasonable or prudent alternative. The municipal agency may permit the following in a stream corridor when subdivisions or site plans cannot be designed in the manner set forth in § 95-8.12C(1) if the municipal agency determines that there is no other reasonable or prudent alternative to placement in the stream corridor or stream corridor buffer.

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 usually found in developed outdoor recreational areas.

Outlet installation for sewage treatment plants and sewage pumping stations and the expansion of existing sewage treatment facilities.

Private or public water supply wells that have a sanitary seal, flood-proofed water treatment facilities, or pumping facilities.

Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to improve hydraulics or to protect public health.

Dams, culverts, bridges, and roads provided that they cross the corridor directly as practical.

Sanitary or storm sewers.

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.

Stormwater management facilities such as detention basins and outfall facilities.

Essential services.

Prohibited activities. All activities not permitted pursuant to § 95-8.12c(1), (2) and (3) shall be prohibited. In no circumstance shall the following be permitted as exceptions to such subsections.

Any solid or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations, and wastewater lagoons.

Junkyards, commercial and industrial storage facilities, and open storage of vehicles and materials.

Provisions governing activities in stream corridors and stream corridor buffers.

The applicant for any activity permitted in a stream corridor or stream corridor buffer shall rehabilitate any degraded areas within the stream corridor, in a manner acceptable to the municipal agency, as the case may be, unless the applicant demonstrates that it is economically infeasible to do so.

The applicant shall also:

Rehabilitate or cure the effects of the disturbance caused during construction;

Maintain the integrity of the surrounding habitat; and

Maintain the existing ability of the stream corridor to buffer the stream.

The applicant shall provide whatever additional measures are necessary to ensure that areas designated as stream corridors and stream corridor buffers will be preserved and to prevent additional encroachments in the stream corridor likely to occur as a result of the approval granted.

The municipal agency may require conservation easements or deed restrictions ensuring that there will be no further intrusion on the stream corridor than that permitted by the activity approved.

Submission requirements. An applicant for an activity in a stream corridor or stream corridor buffer shall submit to the municipality a map at a scale of not less than one inch equals 100 feet of the project site delineating the following, using the best available information:

One-hundred-year floodline which shall be the line formed by the area inundated by a one-hundred-year flood which is the flood estimated to have a one percent chance of being equaled or exceeded in any one year;

State wetland boundary lines;

The stream corridor and stream corridor buffer boundary;

Any steep slopes located within the site; and

The location of all improvements and land disturbance proposed to be located within any of the above boundaries.

Manalapan Township City Zoning Code

§ 95-8.12

Stream corridor regulations.

[Added 9-18-2002 by Ord. No. 02-24]

The purpose of these stream corridor regulations is to:

Improve the management, care, and conservation of the water resources of Manalapan Township.

Protect significant ecological components of stream corridors such as floodplains, woodlands, steep slopes and wildlife and plant life habitats within the stream corridors of the watershed; and prevent flood-related damage to the communities of the watershed.

Complement existing state, regional, county and municipal stream corridor and flood hazard protection and management regulations and initiatives.

Coordinate the regulation of development within stream corridors in a manner complementary and consistent with the Township's other regulatory approaches regarding critical and environmentally sensitive areas, including the Township Flood Hazard Overlay District.

Reduce the amount of nutrients, sediment, organic matter pesticides, and other harmful substances that reach watercourses, and subsurface and surface water bodies by using scientifically proven processes including filtration, deposition, absorption, adsorption, plant uptake, biodegradation, denitrification and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.

Regulate the land use, siting and engineering of all development to be consistent with the intent and objectives of this chapter and accepted conservation practices.

Conserve natural, scenic, and recreation areas within and adjacent to streams and water bodies.

Support the water resource policies of the New Jersey State development and redevelopment plan.

Advance the purposes of the New Jersey Municipal Land Use Law with particular regard to those purposes set forth pursuant to N.J.S.A. 40:55D-2a,b,d,i, and j.

Applicability.

All tracts that are the subject of an application for subdivision, site plan, conditional use, or variance approval that fall in whole or in part within a stream corridor or stream corridor buffer or the Flood Hazard Overlay District shall be subject to the standards set forth in this section.

Review of any land disturbance in a stream corridor or stream corridor buffer or the Flood Hazard Overlay District shall be undertaken as part of the application review by the municipal agency.

Standards.

Permitted activities. Stream corridors and stream corridor 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), altering of watercourses, regrading or construction, except for the following activities:

Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures.

Game farms, fish hatcheries, and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.

Hiking, bicycle, and bridle trails, including bridges or other structures appurtenant thereto constructed.

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.

Fishing areas.

Cultivation of the soil for agricultural or horticultural production, pasture, and similar agricultural uses undertaken in accordance with agricultural best management practices to reduce or prevent nonpoint source pollution.

Location of activities on tracts partially within stream corridors.

All new lots in major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of stream corridors and stream corridor buffers to accommodate principal buildings and uses as well as any permitted accessory uses.

The municipal agency may allow an average stream corridor buffer width of 100 feet from the one-hundred-year floodline, thus allowing reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereon. The stream corridor width may be reduced to a minimum of 75 feet from the one-hundred-year floodline provided there is an equivalent increase in the width elsewhere on site and that all relevant permits (e.g., stream encroachment, freshwater wetlands) are obtained.

Activities in stream corridors and stream corridor buffers when there is no reasonable or prudent alternative. The municipal agency may permit the following in a stream corridor when subdivisions or site plans cannot be designed in the manner set forth in § 95-8.12C(1) if the municipal agency determines that there is no other reasonable or prudent alternative to placement in the stream corridor or stream corridor buffer.

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 usually found in developed outdoor recreational areas.

Outlet installation for sewage treatment plants and sewage pumping stations and the expansion of existing sewage treatment facilities.

Private or public water supply wells that have a sanitary seal, flood-proofed water treatment facilities, or pumping facilities.

Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to improve hydraulics or to protect public health.

Dams, culverts, bridges, and roads provided that they cross the corridor directly as practical.

Sanitary or storm sewers.

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.

Stormwater management facilities such as detention basins and outfall facilities.

Essential services.

Prohibited activities. All activities not permitted pursuant to § 95-8.12c(1), (2) and (3) shall be prohibited. In no circumstance shall the following be permitted as exceptions to such subsections.

Any solid or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations, and wastewater lagoons.

Junkyards, commercial and industrial storage facilities, and open storage of vehicles and materials.

Provisions governing activities in stream corridors and stream corridor buffers.

The applicant for any activity permitted in a stream corridor or stream corridor buffer shall rehabilitate any degraded areas within the stream corridor, in a manner acceptable to the municipal agency, as the case may be, unless the applicant demonstrates that it is economically infeasible to do so.

The applicant shall also:

Rehabilitate or cure the effects of the disturbance caused during construction;

Maintain the integrity of the surrounding habitat; and

Maintain the existing ability of the stream corridor to buffer the stream.

The applicant shall provide whatever additional measures are necessary to ensure that areas designated as stream corridors and stream corridor buffers will be preserved and to prevent additional encroachments in the stream corridor likely to occur as a result of the approval granted.

The municipal agency may require conservation easements or deed restrictions ensuring that there will be no further intrusion on the stream corridor than that permitted by the activity approved.

Submission requirements. An applicant for an activity in a stream corridor or stream corridor buffer shall submit to the municipality a map at a scale of not less than one inch equals 100 feet of the project site delineating the following, using the best available information:

One-hundred-year floodline which shall be the line formed by the area inundated by a one-hundred-year flood which is the flood estimated to have a one percent chance of being equaled or exceeded in any one year;

State wetland boundary lines;

The stream corridor and stream corridor buffer boundary;

Any steep slopes located within the site; and

The location of all improvements and land disturbance proposed to be located within any of the above boundaries.