Mansfield Township City Zoning Code
ARTICLE III
District Regulations
§ 363-7 General effects.
[Amended 8-8-2001 by Ord. No. 2001-16]
No land may be used and no structure may be erected, raised, moved, extended, enlarged, altered, demolished, or used for any purpose other than a purpose permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such condition or premises is located. Uses not specifically permitted are prohibited.
§ 363-8 Provisions applicable to all zones.
A.
Principal use; principal structures. Unless otherwise specified in this chapter, no more than one principal use or building shall be permitted on any one lot.
B.
Accessory buildings. The following regulations are in addition to those set forth for accessory buildings in each zone district:
(1)
Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building, regardless of the technique of connecting the principal and accessory buildings.
(2)
Except for farm buildings, no permit shall be issued for the construction of an accessory building prior to the issuance of a permit for the construction of the principal building upon the same premises. If construction of the principal building does not precede or coincide with the construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the principal building has proceeded substantially toward completion.
(3)
If ponies, horses, cows, sheep, fowl or other farm livestock are kept on any property as provided in this chapter, and a building for the shelter and care of such animals is provided, such building shall not be located closer than 100 feet from any property or street right-of-way line, except as provided in § 363-62.
C.
All lots shall front upon a street as defined in § 360-4.
[Added 12-11-1991 by Ord. No. 15-91]
§ 363-9 Height exceptions.
The maximum building height limitations set forth for each zone district shall apply for all buildings and structures, except that farm structures may be erected to a height of 70 feet, church spires or similar structures may be erected to a height of 55 feet, and projections above the roof line, not exceeding a total of 15% of the ground floor area of the building and not exceeding 15 feet above the maximum height limitation for the district, are permitted, subject to site plan approval, where applicable, when necessary to provide heating and air conditioning or elevator equipment.
§ 363-10 Fences and walls.
Fences and walls are permitted in all zones, provided:
A.
No fence or wall shall be higher than six feet.
B.
No fence or wall shall encroach on required sight triangles.
§ 363-11 Outdoor storage.
The outdoor storage or display of any article or material as part of a commercial operation is permitted subject to the following regulations:
A.
The outdoor storage of any article or material, other than merchandise for sale on the premises, is permitted in any nonresidential zone, providing that such storage shall be limited to the rear yard only and shall be screened by fencing, planting or both along any lot line adjoining a residential zone and elsewhere as approved by the Board. The height of the fence shall be equal to or greater than the height of the material stored, providing that neither the height of the material stored nor of the fence shall exceed six feet. Materials stored outdoors shall be kept in an orderly manner at all times and shall not include any discarded or abandoned articles.
B.
Material stored outdoors shall be located within the minimum required accessory building setback lines.
C.
The temporary outdoor storage of merchandise for sale on the premises is permitted in the front, side and rear yards of properties in the B-1, B-2 and I zones, provided such storage is located within the minimum required principal building setback lines. The area devoted to such storage shall be shown on the site plan and approved by the Board. It shall be screened along any side or rear lot line adjoining a residential zone. The height of the material stored outdoors shall not exceed six feet, except in the I zone, where the height of stored material shall not exceed 15 feet or the height of the building, whichever is less. No article or material shall be stored in any required parking area or so located as to interfere with vehicular or pedestrian traffic movement or safety.
D.
The temporary outdoor storage of live plants being displayed for sale on the premises is permitted in the B-1 and B-2 zones only and may be located within 25 feet of a street right-of-way and up to 10 feet of a property line.
E.
Excepting the outdoor storage of live plants, not more than 50% of any yard shall be devoted to outdoor storage or display.
F.
Temporary outdoor storage of merchandise for sale or live plants in other than a garden center as defined herein, shall be confined to a period not exceeding 60 days.
§ 363-12 Yards.
No area providing front, side or rear yard space for one building shall be considered as providing the yard provisions of another. A lot with frontage on two or more streets, including corner lots, shall have building setback from each street not less than the required front yard.
§ 363-13 Air safety and zoning.
[Amended by Ord. No. 02-93]
A.
Pursuant to the Air Safety and Zoning Act of 1983, P.L. 1983 C. 260 (N.J.S.A. 6:1-80 et seq.) and the implementing regulations, N.J.A.C. 16:62-1.1 et seq., said regulations and all subsequent amendments and supplements thereto are hereby adopted by reference and made a part of this chapter.
B.
N.J.A.C. 16:62-1.1 et seq. is incorporated herein and made a part hereof by reference; three copies thereof are on file in the Office of the Clerk of the Township of Mansfield.
C.
Any provisions contained this chapter or any other chapter of the Code of Mansfield Township which are inconsistent, in whole or in part, with the provisions of N.J.A.C. 16:62-1.1 et seq. are herewith repealed, but only to the extent of such inconsistencies, the remaining portions or provisions thereof, to remain valid and in full force and effect.
§ 363-14 Flag lots.
A.
Flag lots, as herein defined and regulated, may be created in all residential zones.
B.
The flag lot created shall contain a minimum gross area of five acres, exclusive of the area contained within the access strip or flagstaff, and shall contain a constraint-free area meeting the following requirements:
(1)
Constrained areas. The following areas are determined to represent constraints on the development of a lot:
(a)
Wetlands and buffers.
(b)
Floodway and buffers.
(c)
Floodway fringe.
(d)
Slopes greater than or equal to 15%.
(e)
Rock outcroppings.
(f)
Depth to seasonal high water less than three feet (where septic systems are proposed).
(g)
Depth to bedrock less than 3.5 feet (where septic systems are proposed).
(2)
All lots shall include within each lot an area which is free of constraints. The constraint-free area shall meet the following requirements:
(a)
Where the lot is served by water and sewer, the minimum constraint-free area shall be 1/2 acre (21,780 square feet).
(b)
Where the lot is not to be served by water and sewer, the minimum constraint-free area shall be 3/4 of an acre (32,670 square feet).
(c)
A minimum of 1/2 of the constraint-free land shall be within the minimum required yards.
(d)
The constraint-free area shall be contiguous and shall be of such a shape that the length to the width shall not be in a ratio of greater than 4:1.
(e)
The Planning Board shall have the authority to allow, in certain specific instances, variations from the shape parameters and the requirement that the constraint-free area be contiguous, provided that the applicant can demonstrate that a dwelling can be constructed on the parcel having the following improvements in constraint-free areas:
[1]
A primary and reserve septic system.
[2]
A well meeting the one-hundred-foot minimum required isolation distance from the septic system.
[3]
Area for the dwelling with an area adjacent to the dwelling for recreation purposes.
[4]
Area adjacent to the dwelling for the maneuvering of automobiles.
(3)
In no case shall the constraint-free area be less than the minimum required herein.
C.
Each flag lot shall abut an existing public road, meeting the requirements of N.J.S.A. 40:55D-35, by way of an access strip which shall be owned in fee, rather than served by an easement or right-of-way, and shall be conveyed as part of the flag lot; such access strip shall have a width of no less than 50 feet fronting upon such road and shall have a width of no less than 50 feet at all other points between the intersection of the access strip with the public road and its intersection with the rear line of the flag lot created; and said access strip shall remain open and unbuilt upon at all times; provided, however, that lots existing separately as of the date of this chapter and confirming in all other respects to the provisions hereof shall be permitted to meet the access strip requirement with a perpetual and title insurable easement or right-of-way of a minimum of 25 feet in width, conforming to the requirements herein.
D.
Development criteria.
(1)
It shall be demonstrated by the developer to the Planning Board that the access strip can be improved in accordance with the provisions of Chapter 167, Driveways, so as to assure suitability of the access by motor vehicles, including emergency vehicles and equipment, in all weather conditions.
(2)
It shall also be demonstrated that there are adequate permanent and title insurable land rights to construct the driveway and its appurtenant slopes, drainage and other features.
E.
Flag lots shall be created only in conjunction with an overall development plan of the entire tract of which the flag lot is a part, and the applicant shall demonstrate to the Planning Board a need, consistent with good planning principles, for the creation of the flag lot, and shall further demonstrate that normal subdivision techniques are not practical because of the topography, lot or land constraints of the land related to the proposed development concept.
F.
All flag lots to be created shall further conform to the following minimum requirements:
(1)
The flag lot shall be deemed to front upon such access strip, and the required lot width at the street line shall be measured along said access strip. All other dimensional requirements applicable to the zone district in which said flag lot is located shall be complied with and shall be measured from and deemed to relate to said access strip.
(2)
The entire lot shall be located only upon one side of the access strip.
(3)
Such flag lots shall not be further subdivided, nor shall the access strip to same be used as access to any other lot or tract of land, unless all improvements required by Chapter 362, Subdivision and Site Plan Review, have been installed, including the construction of a street or road leading from the public road to all lots proposed to be so served, which street or road shall meet all the design and construction standards as set forth in all the ordinances applicable thereto.
(4)
The creation of a flag lot as herein provided shall be considered a subdivision and shall be subject to the definitions and limitations as provided in all the applicable Mansfield Township land use ordinances.
(5)
Flag lots shall not be permitted in any subdivision involving the creation of new streets.
(6)
No street frontage (access strip) of any flag lot shall be located within 500 feet of the access strip of any other flag lot on the same side of the street.
(7)
The geometry of any flag lot shall be such that the lot shall accommodate, entirely within its lot lines, a circle with a diameter of not less than 300 feet, and no portion of the required access strip shall be included within the circle.
§ 363-15 Riparian buffer conservation zone.
A.
Intent and purpose. The governing body of the Township of Mansfield finds that riparian lands adjacent to streams, lakes or other surface water bodies that are adequately vegetated, provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection and maintenance of vegetation along the surface water bodies within the jurisdiction of the Township of Mansfield, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this section is to designate riparian buffer conservation zones, and to provide for land use regulation therein in order to protect the streams, lakes and other surface water bodies of the Township of Mansfield; to protect the water quality of watercourses, reservoirs, lakes and other significant water resources within the Township of Mansfield; to protect the riparian and aquatic ecosystems of the Township of Mansfield; to provide for the environmentally sound use of the land resources of the Township of Mansfield, and to complement existing state, regional, county and municipal stream corridor protection and management regulations and initiatives. The results of these measures are to:
(1)
Restore and maintain the chemical, physical and biological integrity of the water resources the Township of Mansfield;
(2)
Prevent excessive nutrients, sediment and organic matter, as well as biocides and other pollutants from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation and denitrification which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed sheet flow prior to reaching receiving waters;
(3)
Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;
(4)
Provide for the availability of natural organic matter (fallen leaves and twigs) and large woody debris (fallen trees and limbs) that provide food and habitat for small bottom dwelling organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;
(5)
Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation and protecting habitat for aquatic organisms;
(6)
Maintain base flows in streams and moisture in wetlands;
(7)
Control downstream flooding; and
(8)
Conserve the natural features important to land and water resources, e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.
B.
Establishment of riparian buffer conservation zones. Riparian buffer conservation zones (RBCZs) shall be delineated as follows:
(1)
In the case of Category One (C1) waters, the RBCZ shall equal the special water resource protection area, and shall be measured as defined at N.J.A.C. 7:8-5.5(h). Special water resource protection areas are established along all waters designated as C1 at N.J.A.C. 7:9B and perennial or intermittent streams that drain into or upstream of the C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage.
(2)
For areas adjacent to surface water bodies designated Category Two (C2) waters for trout production (FW2-TP) the RBCZ shall be measured from the defined edge of the perennial stream, or center line if the bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level, and shall extend 150 feet horizontally outward from the perpendicular.
(3)
For areas adjacent to other surface water bodies, the RBCZ shall be measured from the top of bank of the perennial stream, or center line if bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level, and shall extend 75 feet horizontally outward from the perpendicular. Where steep slopes in excess of 25% are located within the designated widths, the RBCZ shall be extended to include the entire distance of this sloped area to a maximum of 100 feet.
(4)
For areas adjacent to surface water bodies for which the floodway has been delineated, the RBCZ shall cover the entire floodway area, or the area described in hereinabove, whichever area has the greatest extent. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration of site specific information is available.
C.
Establishment of an RBCZ as an overlay zone.
(1)
An RBCZ is established as an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the RBCZ differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring application for any of the following permits or approvals:
(a)
Building permit.
(b)
Zoning variance.
(c)
Conditional use.
(d)
Subdivision/land development approval.
(2)
Development requiring only a building permit that involves less than 1/4 acre impervious increase and less than an acre of disturbance can be exempt from the chapter requirements, provided that it is for ancillary structures or is an expansion of an existing structure, and provided the municipal official responsible for issuing building permits makes the finding that there is no feasible alternative to encroachment into the designated buffer area.
(3)
The applicant shall be responsible for the initial determination of the presence of an RBCZ on a site, and for the preparation of a Riparian Buffer Conservation Zone Management Plan as set forth hereinbelow and identifying the area on any plan submitted to the Township of Mansfield, in conjunction with an application for a land development. This initial determination shall be subject to review and approval by the Administrative Authority and, where required, by the New Jersey Department of Environmental Protection.
D.
Uses permitted in riparian buffer conservation zones:
(1)
For Category One (C1) RBCZs, permitted uses are governed by N.J.A.C. 7:8-5.5(h), unless otherwise exempt. If exempt from NJAC 7:8-5.5(h), the uses shall be governed by this chapter as if the RBCZ.
(2)
Any other RBCZ area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this chapter shall be restored to a natural condition unless said agricultural activity shall continue. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in RBCZs. The following uses after review and approval by the Administrative Authority shall be permitted within an RBCZ:
(a)
Open space uses that are primarily passive in character shall be permitted to extend into an RBCZ, provided near-stream vegetation is preserved. These uses do not require approval by the Approving Authority or compliance with an approved RBCZ Management Plan. Such uses include wildlife sanctuaries, nature preserves, forest preserves and fishing areas but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trails have been stabilized with pervious materials.
(b)
Fences, for which a permit has been issued to the extent required by applicable law, rule or regulation.
(c)
Crossings by farm vehicles and livestock, recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the Administrative Authority, provided that any applicable state permits are acquired.
(d)
Stream bank stabilization or riparian reforestation, which conform to the guidelines of an approved RBCZ Management Plan, or wetlands mitigation projects that have been approved by the Department of Environmental Protection, subject to approval by the Administrative Authority and subject to compliance with an approved RBCZ Management Plan.
E.
Performance standards for riparian buffer conservation zones.
(1)
All encroachments proposed into Category One (C1) RBCZs shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt. If exempt, the encroachment shall be subject to the provisions below.
(2)
For all other RBCZs, the following conditions shall apply:
(a)
All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the RBCZ to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.
(b)
Portions of lots within the RBCZ must be permanently restricted by deed or conservation easement in which the Township of Mansfield has been named as a third-party beneficiary, provided that the easement may also be held by a public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the RBCZ. The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and the successors or assigns in interest in the property or in any part thereof. The conservation restriction may include language reserving the right to make de minimus changes to accommodate necessary regulatory approvals upon the written consent of Mansfield Township, provided such changes are otherwise consistent with this chapter. The recorded conservation restriction shall, at a minimum, include:
[1]
A written narrative of the authorized regulated activity, date of issuance and date of expiration, and the conservation restriction that, in addition, includes all of the prohibitions set forth at N.J.S.A. 13:8B-2b(1) through (7);
[2]
Survey metes and bounds description for the property as a whole and, where applicable, for any additional properties of the applicant subject to the conservation restrictions; and
(c)
Any lands proposed for development which include all or a portion of an RBCZ shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the RBCZ which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plan species to the maximum extent practicable.
(d)
All stormwater shall be discharged outside of but may flow through an RBCZ and shall comply with the Standard For Off-Site Stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (See N.J.A.C. 2:90-1.3.)
(e)
If stormwater discharged outside of and flowing through an RBCZ cannot comply with the standard for off-site stability, then the stabilization measures in accordance with the requirements of the above standards may be placed within the RBCZ, provided that:
[1]
Stabilization measures shall not be placed closer than 50 feet from the top of the bank at bank-full flow or level of affected surface water bodies;
[2]
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall conditions of the RBCZ will be maintained to the maximum extent practicable;
[3]
A conceptual project design meeting shall be held with the appropriate municipal staff and Natural Resources Conservation District staff to identify necessary stabilization measures; and
[4]
All encroachments proposed under this section shall be subject to review and approval by the Administrative Authority.
F.
Nonconforming structures and uses in riparian buffer conservation zones. Nonconforming structures and uses of land within the RBCZ are subject to the following requirements:
(1)
Legally existing but nonconforming structures or uses may be continued.
(2)
Any proposed enlargement or expansion of the building footprint within a Category One (C1) RBCZ shall comply with the standards in N.J.A.C. 7:8-5.5(h).
(3)
For all other RBCZs:
(a)
Encroachment within the RBCZ shall only be allowed where previous development or disturbance has occurred.
(b)
Existing impervious cover shall not be increased within the RBCZ as a result of encroachments where previous development or disturbances have occurred.
(c)
Discontinued nonconforming uses may be resumed any time when showing clear indications of having not been abandoned. No change or resumption shall be permitted that is more detrimental to the RBCZ, as measured against the intent and purpose hereinabove, than the existing or former nonconforming use. This abandonment shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this chapter.
G.
Uses prohibited in riparian buffer conservation zones.
(1)
Any use within a Category One (C1) RBCZ shall comply with the standards in N.J.A.C. 7:8-5.5(h).
(2)
For other RBCZs, any use or activity not specifically authorized herein shall be prohibited within the RBCZ. The following activities and facilities and any similar such activities or facilities are prohibited:
(a)
Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.
(b)
Storage of any hazardous or noxious materials.
(c)
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.
(d)
Roads or driveways, except where permitted in compliance with this section.
(e)
Motor or wheeled vehicle traffic in any area, except as permitted by this chapter.
(f)
Parking lots.
(g)
Any type of permanent structure, except structures needed for a use permitted by this section.
(h)
New subsurface sewage disposal areas, provided that the expansion and replacement of existing subsurface sewage disposal areas for existing uses is permitted.
(i)
Residential grounds or lawns, except as otherwise permitted pursuant to this article.
H.
Activities permitted in stream buffer conservation zones in the case of no reasonable or prudent alternative or extreme hardship; interpretations.
(1)
For Category One (C1) RBCZs, requests for exemptions that fall under the purview of the stormwater management rules must be authorized by the New Jersey Department of Environmental Protection, as per N.J.A.C. 7:8-5.5(h)1.ii.
(2)
For other RBCZs, variances subject to the provisions of N.J.S.A. 40:55D-70c may be granted by the Administrative Authority in cases of a preexisting lot (existing at the time of adoption of this chapter) when there is insufficient room outside the RBCZ for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the RBCZ, including obtaining variances from setback or other requirements that would allow conformance with the RBCZ requirements. In any event said encroachment is not permitted closer than 100 feet from the top of the bank at bank-full flow or level of Category Two waters for trout production (FW2-TP), or closer than 50 feet from the top of the bank at bank-full flow or level of other surface water bodies.
(3)
When a landowner or applicant disputes the boundaries of a Category 2 (C2) RBCZ, or the defined bank-full flow or level, the landowner or applicant shall submit evidence to the Administrative Authority that describes the RBCZ, presents the landowner or applicant's proposed RBCZ delineation, and presents all justification for the proposed boundary change.
I.
Riparian buffer conservation zone management plan.
(1)
In conjunction with a subdivision or site plan within any RBCZ, no construction, development, use, activity or encroachment shall be permitted unless the effects of such development are accompanied by preparation, approval, and implementation of a Riparian Buffer Conservation Zone Management Plan.
(2)
The landowner, applicant, or developer shall submit to approving authority, or its appointed representative, a Riparian Buffer Conservation Zone Management Plan prepared by an environmental professional, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the RBCZ. The Riparian Buffer Conservation Zone Management Plan shall identify the existing conditions, including:
(a)
Existing vegetation;
(b)
Field-delineated surface water bodies;
(c)
Field-delineated wetlands;
(d)
The one-hundred-year floodplain;
(e)
Flood hazard areas, including floodway and flood-fringe areas, as delineated by the New Jersey Department of Environmental Protection;
(f)
Soil classifications as found on soil surveys;
(g)
Existing subdrainage areas of site with HUC-14 (Hydrologic Unit Code) designations;
(h)
Slopes in each subdrainage area segmented into sections of slopes less than or equal to 15%; above 15% but less than 20%; and greater than 20%.
(3)
The proposed plan shall describe all proposed uses/activities, and fully evaluate the effects of all proposed uses/activities in an RBCZ, and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the RBCZ. A discussion of activities proposed, as well as management techniques proposed to offset disturbances and/or enhance the site to improve the RBCZ's ability to function effectively as an RBCZ, shall also be included with the RBCZ management plan submittal to the Township of Mansfield.
(4)
The Riparian Buffer Conservation Zone Management Plan must include management provisions in narrative and/or graphic form specifying:
(a)
The manner in which the area within the RBCZ will be owned and by whom it will be managed and maintained.
(b)
The conservation and/or land management techniques and practices that will be used to conserve and protect the RBCZ, as applicable.
(c)
The professional and personnel resources that are expected to be necessary in order to maintain and manage the RBCZ.
(d)
A revegetation plan, if applicable, that includes: three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that when fully mature will form an overhead canopy. Vegetation selected must be native, noninvasive species, and consistent with the soil, slope and moisture conditions of the site. The revegetation plan shall be prepared by a qualified environmental professional, landscape architect, or professional engineer, and shall be subject to the approval of the Administrative Authority. Dominant vegetation in the Riparian Buffer Conservation Zone Management Plan shall consist of plant species that are suited to the stream buffer environment.
(e)
A Riparian Buffer Conservation Zone Management Plan is not required where the RBCZ is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the RBCZ.
(f)
Performance of the Riparian Buffer Conservation Zone Management Plan shall be guaranteed by a surety, such as a bond, cash or letter of credit, issues in accordance with bonding provisions of Article V of Chapter 360 or the code which shall be provided to the Township of Mansfield prior to the Township of Mansfield issuing any permits or approving any uses relating to the applicable use or activity.
J.
Inspections. Lands within or adjacent to an identified RBCZ may be inspected by designee of the Township when:
(1)
A subdivision or land development plan is submitted;
(2)
A change or resumption of a nonconforming use is proposed;
(3)
A discontinued nonconforming use is resumed;
(4)
The RBCZ may also be inspected periodically by representatives from the Township of Mansfield if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.