In order that the future development of the Township of Pennsauken waterfront be controlled to ensure preservation of the environment and to prevent negative impact on the physical, economic, social and aesthetic elements of the environment, to ensure that a reasonable portion of the waterfront will be used for public open space in order that the public health, safety and general welfare be furthered, to enhance the attractiveness for all of Pennsauken for environmentally sensitive developments and to provide for public access to the Delaware River and other natural stream waterfronts, the Township of Pennsauken has created this Waterfront Management Area.

The Township desires to ensure proper management of development of the waterfront while ensuring the conservation and environmental protection of that area and to take full advantage of modern design, construction, technology and planning methods to strengthen and sustain its economic potential, while incorporating a variety of uses which are mutually compatible with each other and the natural environment, with special emphasis on the conservation and protection of the waterfront and its unique physical attributes.

The objectives of the Waterfront Management Area are to encourage innovative use of open space, commercial and industrial development to achieve more efficient use of the waterfront under a comprehensive plan rather than as separate unrelated parts. Such comprehensive control should produce well-designed development that will have a beneficial effect upon Pennsauken's waterfront and indirectly on the rest of Pennsauken as well, so that present and future generations of residents of Pennsauken may benefit from maximum use and enjoyment of the remaining open land along the Township's stream banks. It is deemed fitting and proper that this land not only be protected against exploitation and other forms of improper use, but that certain types of improvement and development, which would be compatible with the environment, be encouraged in those portions which are particularly well suited for waterfront location, and it is for these purposes that the Waterfront Management Area is created.

In the event that there is a change in occupancy, prior review by the Planning Board is inherently a part of the intent and purpose for which the Waterfront Management Area is conceived.

Water dependent uses or development located in close proximity and having direct access to the waterfront, including those uses listed as examples in the definition of water dependent in § 141-73 of this chapter and, in addition, the following:

Water related uses and development deriving economic benefit from the direct access and proximity to the waterfront, including those uses listed as examples in the definition of water related in § 141-73 of this chapter and, in addition, the following:

Any residential use permitted by and within the boundaries of a particular zoning district as delineated on the Zoning Map, provided that the design and proposed development will accommodate and enhance water related scenic values and activities.

Any of the following uses permitted in the particular zoning district in which they are located, when authorized as a conditional use, and provided that such use shall not create a negative impact upon the surrounding environment, whether by reason of noise, odor, glare or traffic generation:

For any use permitted herein, all water discharged or otherwise returned to the river or abutting stream shall have a chemical, physical and bacteriological quality equal to or better than that in the river or stream at the point of discharge, and further provided that any use or activity which is or may be noxious or offensive by reason of odor, dust, fumes, smoke, gas, vibration, glare, noise or radiation or which constitutes or may constitute a public hazard by reason of fire, explosion or otherwise shall not be permitted.

Any building within a flood risk area and the flood fringe, as defined by the Flood Hazard Control Act (N.J.S.A. 58:16A-50 et seq.) and by the Federal Emergency Management Agency, as delineated by the New Jersey Department of Environmental Protection (DEP), should meet regulations specified in the State Floodplain Law (N.J.A.C. 7:13-1.2 et seq.).

Height regulations. The provisions of the particular zoning districts shall prevail, except that the maximum height of buildings and other structures in the Waterfront Management Area shall be 35 feet.

Area, width, yard and coverage regulations. The following regulations shall apply, provided that no building, storage, manufacturing process or use, other than docks, piers, boat ramps, fueling and other marina facilities and pedestrianways, shall be located closer to the mean high-water level (as determined by the Township Engineer) than 200 feet, and further provided that for any use other than recreation, open space or conservation area, a buffer area having a width or depth not less than 200 feet shall be provided along any abutting residential district or residential use:

The provisions of the flood risk area regulations of Chapter 166, Flood Control, of the Code of the Township of Pennsauken, shall apply.

Pedestrian access along streambanks. Whatever the use may be, a safe and convenient means of pedestrian access and travel along the streambank above the high-water line shall be provided and maintained at all times in a safe, usable condition, free of trash, refuse and other debris; provided, however, where piers, docks and other permitted uses occupy the immediate streambank, some alternative means shall be provided which will permit pedestrians to cross the property with safety and reasonable convenience to the streambank on the property beyond.[1]