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Montgomery City Zoning Code

§ 16-16.6

Uses in a Stream Corridor.

[Added 12-19-2024 by Ord. No. 24-1746]
a. 
Uses in a stream corridor. Unless otherwise permitted herein, stream corridors shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal in accordance with the New Jersey Strategic Management Plan for Invasive Species, New Jersey Invasive Species Council, 2009, Trenton, NJ of invasive species, and pruning and/or removal of dead vegetation for reasons of public safety), altering of watercourses, dumping of trash or debris, regrading, or construction.
b. 
Prohibited uses in stream corridors. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood fringe, floodplain, flood hazard areas, special flood hazard areas and stream corridor areas. All uses not specifically permitted by this section are prohibited.
c. 
Permitted uses in floodways. The following uses shall be permitted in floodways, subject to the approval of FEMA, NJDEP, if applicable, and all other authorities having jurisdiction, provided the requirements of N.J.A.C. 7:13, as may be amended and/or supplemented from time to time, and this section are satisfied:
1. 
Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of FEMA, NJDEP, the Somerset County Planning Board and/or Montgomery Township. Prior to any channel improvement or change, the applicant must notify adjacent communities and submit evidence of such notification to the Federal Insurance Administration;
2. 
Agricultural uses, as well as recreational uses in the nature of parks, wildlife preserves, undeveloped common open space, picnic areas, and boat landings, provided a maintenance program to promote stabilization of stream banks is established;
3. 
Installation, repairs or replacement of sanitary sewers and appurtenances, and other utility lines and appurtenances;
4. 
Culverts, bridges, road or driveway crossings where no other locations are reasonably feasible;
5. 
Unpaved pathways and pedestrian bridges, provided that the lowest member of a pedestrian bridge shall be set at a minimum of one foot above the 100-year flood elevation;
6. 
Stormwater management facilities, where no other locations are reasonably feasible; and
7. 
Repair, reconstruction, rehabilitation, addition, improvement, or other development of a structure that predates the adoption of this section in the event of damage or destruction of any origin (such as by fire, storms, natural hazards, or other acts of nature), provided that the structure does not have a greater footprint or total area than that of the damaged structure and that no change in land use occurs; and further provided that the improvements shall be permitted only if the structure is not deemed substantially damaged or the work constitutes a substantial improvement. When it is reasonably feasible, the work shall comply with the provisions of this section, particularly subsections 16-15.11 through 16-15.17.
d. 
Permitted uses in a flood hazard area. The following uses shall be permitted in flood hazard areas or special flood hazard areas outside of the floodway, subject to the approval of FEMA and NJDEP, if applicable, and all other authorities having jurisdiction, provided the requirements of N.J.A.C. 7:13, as may be amended and/or supplemented from time to time, and this section are satisfied:
1. 
All uses permitted within floodways;
2. 
Woodland preserves and arboretums, but excluding enclosed structures;
3. 
Public parks;
4. 
Unpaved and pervious surface hiking, bicycle and bridle trails;
5. 
Fishing areas and game farms, fish hatcheries and fishing reserves operated for the protection and propagation of wildlife, but excluding enclosed structures;
6. 
Agricultural production consistent with agricultural management practices developed by:
(a) 
The United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) and contained in the NRSC Field Office Technical Guide;
(b) 
Recommendations by New Jersey Agricultural Experiment Station (NJAES), or
(c) 
Rules promulgated by the New Jersey State Agricultural Development Committee.
7. 
Routine property maintenance reasonably necessary to maintain a lawfully existing structure, lawn, and/or garden;
8. 
Building additions of not more than 300 square feet of total building coverage to a lawfully existing structure or structures;
9. 
Construction or reconstruction of structures of not more than 150 square feet in total area covering a lot that are accessory to a lawfully existing structure or structures;
10. 
Construction or reconstruction of decks or patios of not more than 300 square feet in total area covering a lot that are connected to a lawfully existing structure or structures;
11. 
Fences;
12. 
Elevation of existing structures to reduce flood damage potential; and
13. 
Demolition of an existing structure.
e. 
Permitted uses in stream corridor outside the flood hazard area and floodway when there is no reasonable or prudent alternative location. The following uses shall be permitted in stream corridors outside of the flood hazard area or special flood hazard area and floodway, subject to the approval of NJDEP, if applicable, and all other authorities having jurisdiction, provided the requirements of N.J.A.C. 7:13, as may be amended and/or supplemented from time to time, and this section are satisfied:
1. 
All uses permitted with floodways and flood hazard areas or special flood hazard areas;
2. 
Building additions of not more than 500 square feet of total building coverage to a lawfully existing structure or structures;
3. 
Construction or reconstruction of structures, including patios, of not more than 500 square feet of total area covering a lot that are accessory to a lawfully existing structure or structures;
4. 
Construction or reconstruction of decks of not more than 750 square feet of total area covering a lot that are accessory to a lawfully existing structure or structures;
5. 
Provided no clearing of trees or vegetation, other than lawn, is required, pools and pool related appurtenances, such as walkways, patios, decks and fences, adjacent to a lawfully existing structure;
6. 
No more than 750 square feet of total lot coverage is permitted for any of the uses listed above, excluding the pool footprint but including pool related appurtenances.
f. 
Permitted uses in stream corridors outside the flood hazard area and floodway. The following uses are permitted in a stream corridor outside the flood hazard area or special flood hazard area and floodway, provided the uses cannot be placed in any other reasonable or prudent alternate location, subject to the approval of FEMA, NJDEP, if applicable, and all other authorities having jurisdiction, provided the requirements of N.J.A.C. 7:13, as may be amended and/or supplemented from time to time, and this section are satisfied:
1. 
Recreational uses, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses (provided same are maintained in accordance with the most current integrated pest management practices and standards recommended by NJAES), sports or boating clubs, not to include enclosed structures, but permitting piers, docks, foot bridges, floats or pavilions usually found in developed outdoor recreational areas;
2. 
Outlets from sewage treatment plants and sewage pumping stations and the expansion of existing sewage treatment facilities;
3. 
Private or public water supply wells that have a sanitary seal, flood-proofed water treatment facilities or pumping facilities;
4. 
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;
5. 
Dams, culverts, bridges and roads provided that they cross the corridor as directly as practical;
6. 
Publicly owned sanitary or storm sewers;
7. 
Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices and approved by the Somerset-Union Soil Conservation District in a manner which will not impede flows or cause ponding of water;
8. 
Structures comprising part of a regional flood detention project;
9. 
Detention or retention basins and related outfall facilities;
10. 
Stormwater management best management practices (BMPs) in accordance with subsection 16-5.2; and
11. 
Where otherwise permitted by the applicable zoning district regulations, the construction of a single-family, detached dwelling on a pre-existing vacant lot, provided the dwelling and all associated development is located in an area outside of the floodway and the flood hazard area or special flood hazard area.
g. 
Location of activities on tracts partially within stream corridors:
1. 
All new lots in major and minor subdivisions and new site plans shall be designed to provide sufficient areas outside of stream corridors to accommodate principal and accessory uses and structures regardless of the maximum building coverage, lot coverage or floor area ratio otherwise permitted by the subject zoning district. Lands remaining after subdivision that are predominately under agricultural production after the creation of lots through minor subdivision shall be exempt from the provisions of this section, provided that the agricultural lands are managed in accordance with subsection 16-16.6.
2. 
In evaluating all major and minor subdivisions, site plans, and variances the Planning Board or Zoning Board of Adjustment (hereinafter, either may be referred to as "Board") as the case may be, or the Floodplain Administrator in the case of municipal permit review, may allow an average stream corridor width of 100 feet from the Flood Hazard Area line or the top of bank of the stream channel, whichever the case may be, 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 50 feet provided there is an increase at a 2:1 ratio in the width elsewhere on site and all other relevant permits are obtained (e.g., flood hazard area, freshwater wetlands, etc.).