Union Township City Zoning Code
§ 30-6.4
Natural Resource Restrictions.
[Ord. No. 85-9, § 603; Ord. No. 90-2, § 5; Ord. No. 94-9, § 3; Ord. No. 2002-01, § 2; Ord. No. 2004-10, §§ 1, 3, 7]
a.
General.
1.
The natural resource restrictions, herein, shall apply to all uses.
2.
Site alterations, earth disturbance, grading, filling, tree removal or clearing of vegetation prior to final site plan or subdivision approval by the Planning Board, or prior to issuance of a zoning permit, building permit or tree removal permit where Planning Board review not required, shall be a violation of this chapter. However, this subsection shall not prohibit any land management practices that may be necessary solely for the ecological improvement of any watercourse, pond, lake, wetland or woodland, provided that said land management practices do not convert any resource protection land to another resource protection land with a lower resource protection ratio and all applicable permits have been obtained from the New Jersey Department of Environmental Protection.
3.
All applications for subdivision, site plan, or building permit approval that include more than 5,000 square feet of land disturbance shall be subject to the following requirements unless specifically exempted by provision of this subsection.
(a)
All applications for site plan, subdivision or building permit approval of more than 5,000 square feet of land disturbance shall have an earth disturbance plan as part of the plan submission.
(b)
Contents of an earth disturbance plan.
(1)
A metes and bounds base map.
(2)
The location, type and extent of all natural and man made features and resources on the site, parcel or tract. This shall include the following: all structures, impervious surfaces, utilities easements and right-of-ways, floodplains, the flood hazard area regulated by the New Jersey Department of Environmental Protection, floodplain soils, lakes, ponds, watercourses, wetlands and transition areas regulated by the New Jersey Department of Environmental Protection, shorelines, 10% to 15% slopes, slopes greater than 15% to 20% and slopes greater than 20%, critical wildlife habitat, woodlands, the location, dbh and species of all trees greater than six inches dbh and specimen trees where the trunk of the tree or drip line is located in, or within 35 feet of an area of earth disturbance, and US Department of Agriculture soil series name and agricultural classification of the soils.
(3)
The areas and limits of all primary and ancillary clearing of vegetation, grading and earthwork.
(4)
The delineation by a conservation type of easement of the area outside the area of the earth disturbance envelope(s) of the site, parcel or tract. The total land area within the conservation easement(s) shall not be less than the total required open space as determined in § 30-6.3,b4 of this section or less resource protection lands than as required by § 30-6.3b2(b) except for those lands that are included in an approved New Jersey Department of Environmental Freshwater Wetlands Permit. Said conservation easement may include open space and resource protection lands either in public or private ownership as the case may be. Said conservation easement shall include a Township approved deed restriction that shall prohibit future development in perpetuity and run with the ownership of the land.
(5)
A general plan note clearly indicating that all earth disturbance is strictly limited to the areas within the earth disturbance envelope(s) of the site, parcel or tract, and that no disturbance is permitted within the conservation easement.
(6)
A summary table indicating the following: area (in acres) of each natural resource specified in § 30-6.3b2(b) of this section; the required resource protection ratio for each natural resource; the area (in acres) and percentage of each natural resource within the earth disturbance envelopes; the area (in acres) and percentage of each natural resource within the conservation easement(s). The table shall also indicate whether the proposed earth disturbances are in compliance with the applicable sections of this section.
(7)
A summary table detailing the number, species, dbh and basal area of all trees to be removed, and the required number of replacement trees.
(c)
The total earth disturbance of any site, parcel or tract shall not exceed the net buildable area of that site, parcel or tract as established by § 30-6.3b4(c) of this section.
4.
In addition to the protection requirements of this section, areas with natural resource restrictions should, to the greatest extent possible, be left undisturbed and not occupied by structures, stormwater management facilities, driveways, septic systems or other improvements.
b.
Requirements for All Uses.
1.
Floodplain and Floodplain Soils. All such lands shall remain as open space. No structures, filling, piping, diverting, or stormwater detention basins shall be permitted in the floodplain, unless the use, activity or development occurring in the floodplain is in strict compliance with § 30-6.6 of this section and all other applicable codes, ordinances and laws.
2.
Lakes, Ponds, Wetlands and Watercourses. These areas shall remain as open space. No development, filling, piping, or diverting shall be allowed unless specifically permitted by the State or Federal agency having jurisdiction over said activity.
3.
Lake and Pond Shorelines. The shorelines of lakes and ponds shall, to a width of 50 feet from the shorelines as measured from the permanent pool elevation, of at least 70% open space.
4.
Steep Slopes.
(a)
In areas of steep slopes, i.e., those above 10%, the following standards shall apply:
(1)
10% to 15%: no more than 35% of such areas shall be developed and/or regraded or stripped of vegetation.
(2)
15% to 20%: no more than 20% of such areas shall be developed and/or regraded or stripped of vegetation.
(3)
20% or more: no more than 10% of such areas shall be developed and/or regraded or stripped of vegetation.
(b)
(c)
Application for building permits in areas of 15% slope or greater shall include a grading plan indicating the following information:
(1)
Site plan of property at a scale of one inch equals 50 feet indicating existing grades with contour lines at two foot intervals and proposed grades within the area of the proposed construction;
(2)
Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls, and ground cover, as well as the locations of trees and ornamental shrubs;
(3)
Architectural plans, elevations, and sections of the structures and related improvements;
(4)
A statement prepared by a licensed architect, certified landscape architect, or professional engineer stating an explanation of the methods to be used in overcoming foundation and other structural problems created by slope conditions, in preserving the natural watershed, and in preventing soil erosion; and
(5)
A plan submitted under the seal of a licensed professional engineer showing and certifying the following:
[a]
All existing and proposed natural and artificial drainage courses and other features for the control of drainage, erosion and water;
[b]
The calculated volume of water runoff from the slopes and from the lot in question, as unimproved;
[c]
The calculated volume of water runoff from the slopes and from the lot in question, as improved;
[d]
The existence, location, and capacity of all natural and artificial drainage courses and facilities within 500 feet of the lot, which are or will be used to carry or contain the water runoff from the slope and the lot; and
[e]
The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water runoff.
(d)
Exemptions: Lands qualifying under one or more of the following provisions may, at the discretion of the Planning Board, be exempt from the steep slope provisions of this section.
(1)
Areas of steep slopes that are less than 3,000 square feet in area.
(2)
Previously and substantially developed lots.
(3)
That portion of land directly affected by the location of a Master Plan Road or other community facility as determined necessary by the Planning Board. Only the minimum relief required to accomplish the municipal planning objective is subject to said exemption.
(4)
The requirements of this section do not apply on a lot by lot basis provided that the lot or lots in question have been the subject of a prior site plan or subdivision approval, and further provided, that all provisions of said site plan or subdivision approval are met.
5.
Tree Removal — Development Applications, Subdivisions, Site Plans and/or Building Permit Applications.
(a)
Tree removal in connection with development applications, subdivisions, site plans, building permits and construction permits. The provisions of this paragraph shall apply to a landowner who wishes to remove an individual tree and/or trees in connection with any development application including any subdivision application, site plan application, building permit application and/or construction permit application; and, more specifically, the following regulation shall apply:
(2)
Permit Required. No person or entity shall commence or allow the commencement of any the following activities unless they first obtain a tree removal permit in accordance with all of the provisions of this Subsection b5.
(i)
Clear cutting. A tree removal permit will not issue for this proposed activity unless an Approved Woodland Management Plan is obtained in connection with the tree removal application. Where a property owner has an existing Woodland Management Plan on record with the Township or State Forester prior to the effective date of this amendment to the paragraph,[1] that Woodland Management Plan shall remain valid provided same was prepared in accordance with N.J.A.C. 54:4-23.3 and outlines proposed management of woodlands, forests and/or trees on a particular property. For those properties without a Woodland Management Plan on file with the Township or State Forester as of the effective date of this amendment,[2] all applications shall require that a Woodland Management Plan be submitted with a tree removal permit application and a tree removal permit shall not issue without an Approved Woodland Management Plan having been issued in accordance with the provisions of this Subsection b5.
In addition, in all wooded areas the following associations shall be subject to additional restrictions when the area of each individual association is greater than 1/4 acre:
[a]
Floodplain/Palustrine Associations. No more than 5% of such areas shall be developed, graded, clear cut or cleared of vegetation. The maximum width of any clearing shall not exceed 1 1/2 times the height of the canopy. The minimum width of remaining stands shall not be less than three times the height of the canopy. The balance shall be deed restricted to remain as permanent open space and shall be protected during construction from root compaction by equipment and materials; and
[b]
Mesic Associations. No more than 10% of such areas shall be developed, graded, clear cut or cleared of vegetation. The maximum width of any clearing shall not exceed 1 1/2 times the height of the canopy. The minimum width of remaining stands shall not be less than three times the height of the canopy. The balance shall be deed restricted to remain as permanent open space and shall be protected during construction from root compaction by equipment and materials; and
[c]
Upland Associations. No more than 15% of such areas shall be developed, graded, clear cut or cleared of vegetation. The maximum width of any clearing shall not exceed 1 1/2 times the height of the canopy. The minimum width of remaining stands shall not be less than three times the height of the canopy. The balance shall be deed restricted to remain as permanent open space and shall be protected during construction from root compaction by equipment and materials.
[d]
Exemptions. On existing or proposed wooded lots the following exemption shall be permitted. Woodlands may be cleared from that portion of land directly affected by the location of a Master Plan Road as determined necessary by the Planning Board, however, only the minimum relief required to accomplish the municipal planning objective is subject to said exemption. Woodlands cleared pursuant to this exemption shall not be exempt from the tree replacement requirements of this Subsection b5.
(ii)
Removal of any living tree greater than 12 inches in diameter measured at a point 4.5 feet above the surface of the ground.
(iii)
Removal of any living Historic Tree, living Landmark Tree or living Specimen Tree.
(iv)
Removal of any tree within public property (i.e. municipal right-of-ways, preserved lands, conservation areas and other lands owned or controlled by the Township of Union); or
(v)
Removal of any tree within the applicable road right-of-way for of any public road. Under this paragraph, a tree removal permit shall not be issued by the Zoning Officer without the approval of the Planning Board following review of any such application with its Planner and the Union Township Environmental Commission.
(vi)
Removal of any trees that would result in the conversion of woodlands to another natural resource with a lower resource protection ratio. Unless otherwise exempted herein there shall be a presumption that such activity is prohibited absent a showing of exceptional circumstances warranting the issuance of a permit and then, only upon a showing through the use of wildlife suitability analysis and ecological models that the activity will not have any negative impact to the environment, the water quality, soil conditions, or the wildlife habitat. Under this paragraph, a tree removal permit shall not issue by the Zoning Officer unless, following review and recommendation of the Planning Board in consultation with the Environmental Commission, same is approved by the Planning Board.
(vii)
Removal of any tree within a conservation easement. Under this paragraph, a tree removal permit shall not issue by the Zoning Officer unless, approved by the Planning Board in consultation with the Environmental Commission.
(viii)
Removal of any tree within a buffer yard or landscape easement. Under this section, a tree removal permit shall not issue for this proposed activity unless approved by the Planning Board in consultation with the Environmental Commission.
(3)
Exemptions. Notwithstanding any of the aforementioned activities requiring a permit identified in § 30-6.4b5 above, and specifically excepted from § 30-6.4b5(b)(2) and the requirements imposed under § 30-6.4b5(b)(2), are the following activities which are hereby exempted (exempt activities):
(i)
The cutting and/or removal of any trees in accordance with an Approved Woodland Management Plan and/or Woodland Management Plan on file with the Township or State Forester prior to the effective date of this amendment.[3]
[3]
Editor's Note: Ordinance No. 2004-10, a portion of which is codified herein was adopted December 1, 2004.
(ii)
The cutting and/or removal of any trees located on lands owned by the Township of Union or any other local public entity or subdivision thereof including the Board of Education and to be removed by the Township of Union, the Board of Education or anyone acting on behalf of the Township of Union or Board of Education.
(iii)
The cutting and/or removal of any trees required to be cut in connection with the installation and/or maintenance of public utilities and/or public improvements such as government offices, public schools and other public buildings of benefit to the community.
(iv)
The cutting and/or removal of any trees located in commercial orchards or nurseries. This exemption shall not include tree removal within woodlands in connection with the establishment of new nurseries or new orchards.
(v)
The cutting and/or removal of any trees which are diseased and which must be removed for the protection of other healthy trees and/or for purposes of thinning trees for purposes of removing undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the site or lot.
(vi)
The cutting and/or removal of any trees which are diseased or damaged and which pose a hazard to human health, safety and welfare of the residents, neighbors or general public or any existing structures including but not limited to the removal of trees which are diseased, dead, partially or completely fallen by acts of nature or which endanger public safety.
(vii)
The cutting and/or removal of any trees removed in accordance with a subdivision, site plan or building permit application approved by the Union Township Planning Board, Board of Adjustment and/or issued by the Zoning Officer which specifically designates the tree(s) to be removed and upon which the Planning Board and/or the Zoning Officer specifically authorized in issuing and/or approving the subdivision, site plan or building permit.
(viii)
The cutting and/or removal of any tree(s) in emergency situations, where the tree has been damaged by storm, and is an immediate threat to life or property.
(ix)
The cutting and/or removal of any trees on property assessed under the Farmland Assessment Act, N.J.S.A. 54:4-23.2, and upon which any agricultural use, as that term is defined in the Farmland Assessment Act, is performed that does not result in a change in land use category, including the erection of agricultural support buildings and other related structures built using accepted agricultural best management practices or as otherwise permitted under the Right to Farm Act.
(x)
The cutting, removal and/or clearing of trees to comply with requirements affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation.
(xi)
The removal of trees by the State of New Jersey, or its subdivision, in connection with the management of lands owned by the State of New Jersey except for Historic Trees or those covered by Federal regulation.
(xii)
The trimming or maintenance of trees in a manner which is not harmful to the health of the tree.
(xiii)
Removal of trees for which the property owner provides evidence acceptable to the Zoning Official that the tree(s) was/were planted by the owner during the period of his or her ownership of the property, provided that the planting was not required by this section, any other municipal ordinance or site plan or subdivision approval issued by the Township of Union. A contract purchaser and/or option holder shall not be allowed to rely upon plantings by prior owner(s).
(xiv)
Removal of any tree within 100 feet of any existing residence, existing structure associated with an existing residence, an existing sewerage line provided the trees are located on the applicant's lot and provided the existing structure is to be renovated, restored or otherwise preserved as part of the development application, site plan, subdivision, building permit application and/or construction permit application;
(xv)
The cutting or removal of any tree(s) located on a tract of land up to five acres in size on which there is an existing single family residence and provided the existing structure is to be renovated, restored or otherwise preserved as part of the development application, site plan, subdivision, building permit application and/or construction permit application, and provided that the tree removal shall not exceed 20% of the standing trees on the lot, parcel or site (clear cutting).
(xvi)
A permit shall not be required to remove or cut trees under any of the aforementioned circumstances noted in the above delineated exemptions.
(4)
Replacement of Trees.
(i)
Replacement tree(s) shall be required to be planted under the following circumstances whenever a permit is required:
[a]
Replacement of 50% of the total basal area of the trees removed shall be required whenever more than 40% of the total basal area of trees that are 12 inches dbh and less than 24 inches dbh is removed, more than 30% of the total basal area of threes that are 24 inches dbh and less than 36 inches dbh, more than 20% of the total basal area of the trees between 36 inches dbh and 48 inches dbh is removed or more than 10% of the total basal area of trees greater than 48 inches dbh is removed from any woodland or any site, parcel, tract or property within the Township.
[b]
Replacement of 100% of the total basal area shall be required whenever any Landmark Trees, Historic Trees or Specimen Trees are removed or damaged or when any trees are removed or damaged within a conservation easement.
[c]
Replacement of 200% of the total basal area removed shall be required whenever any Landmark Trees, Historic Trees, Specimen Trees or any other trees are removed or damaged in violation of any section of this Subsection b5.
[d]
In addition to the replacement tree requirements specifically set forth above and/or for all other circumstances not set forth herein, the amount of basal area for replacement trees required shall be controlled as follows:
[1]
Whenever the applicant or landowner removes trees as part of a subdivision plan, site plan, building permit, construction permit or other zoning certificate, the applicant shall reforest the site, parcel or tract with replacement trees and shrubs in accordance with the requirements set forth in Subsection (4)(i)[a] above.
[e]
All replacement trees shall comply with the provisions of § 30-6.4b5(a)(5)(i) [a] — [f] and shall be planted in accordance with accepted nursery practice.
[f]
Trees required to be planted under the tree replacement procedures shall be in addition to any trees, such as street trees or trees within buffers, required by this or any other applicable subsection.
[g]
The replacement trees, when required, shall be planted in the same location as the tree removed (i.e., in place tree replacement). Where in place tree replacement is not feasible or desirable, an alternative tree replacement proposal may be recommended to the Planning Board by the Environmental Commission and approved by the Planning Board in accordance with the following schedule of preference:
[1]
Planting replacement trees in the location where the tree(s) were removed; or
[2]
Planting replacement trees within the property containing the removed tree(s); or
[3]
Planting replacement trees elsewhere in the Township within a conservation easement, but as near as possible to the property from which the tree(s) was/were removed; or
[4]
Planting trees elsewhere within the Township and within 50 feet of a watercourse or roadway; or
[5]
Planting replacement trees elsewhere in the Township where placement will create public benefit.
[h]
All tree replacements shall be monitored in accordance with the provisions of the Municipal Land Use Regulations for the approval sought by the applicant or landowner.
[i]
The Planning Board, following consultation with the Environmental Commission, may modify or waive entirely the replacement planting requirements either in number, species, basal area or replacement size upon application and demonstrated good cause or hardship. Upon application to the Planning Board, the Planning Board shall exercise its judgment, in its consideration of granting an exception from the requirements for replacement of trees.
(ii)
Replacement trees and shrubs shall meet the following specifications:
[a]
All replacement trees and shrubs shall be of nursery grade quality, free of disease or defect, adaptable to the characteristics of the site where they are to be planted.
[b]
All replacement trees and shrubs shall be either balled and burlapped or container grown.
[c]
Deciduous trees shall be a minimum of six feet in height and not less than 2.5 inches in caliper.
[d]
Coniferous trees shall not be less than eight feet in height and two inches dbh.
[e]
Flowering trees shall not be less than four feet in height and not less than 2 1/2 inches in caliper.
[f]
No more than 10% of replacement trees and shrubs planted shall consist of species that are not native and indigenous to Hunterdon County.
(5)
Application for Tree Removal Permit. Any person desiring to cut down or remove any living tree(s) governed by the regulations set forth in Subsection b5(a)(2), shall first apply to the Zoning Officer for a tree removal permit authorizing the same. On a tree removal application to be supplied by the Zoning Official, the applicant shall identify the applicant's name and address, the address for the land upon which the tree or trees are located, the number, size, species and total basal area of the trees proposed to be removed, and a tree replacement proposal. The applicant shall submit all fees, including the tree removal application fee and three copies of all requisite documents reasonably necessary to process the subject application (i.e. survey depicting structures, right-of-way, easement, plot map, data on tree size, condition, species, etc.).
(6)
Tree Removal Application Fee. A fee of $10 shall accompany the application to defray Township expenses and shall not be refundable. The fee shall be submitted to the Zoning Officer in the form of a check made payable to the Township of Union.
(7)
Tree Removal Application Review. The Zoning Officer shall promptly provide copies of the tree removal application to the Planning Board and Environmental Commission, for their review, and/or recommendation where required pursuant to the provisions set forth herein or hereinafter set forth.
The Zoning Official, where authorized, shall grant approval upon a determination that the proposed work and proposed method and workmanship are in accordance with this Subsection b5. In the event that the Zoning Officer fails to take action on such application within 10 days after such application is filed, the applicant shall have an immediate right of appeal to the Planning Board as set forth herein. Any permit granted shall expire after the passage of 12 months from the date of its issuance. All work shall be completed during this twelve-month time period and in the manner described in the application. Any permit shall be deemed withdrawn if the terms of the permit or the ordinance are not complied with. An applicant shall submit the permit as part of any development application, subdivisions, site plans or building permit applications filed and/or to be filed.
In rendering judgment on tree removal applications submitted for consideration, it is the intent of the Township and of this Subsection b5 to retain healthy trees in the Township and to preserve, whenever possible, all of the dbh of those trees designated for protection and preservation. The following factors should be taken into consideration in rendering judgment:
(i)
Whether the tree or trees are located upon a proposed building site, driveway, recreation area, roadway drainage right-of-way, sewer or septic systems, or whether the trees are within 100 feet of any of the foregoing.
(ii)
Whether the tree or trees appear upon inspection to be diseased or so situated as to be substantially lacking vigor.
(iii)
Whether the tree or trees are so located that necessary grade changes will render protection unreasonably difficult or expensive.
(iv)
Whether the trees constitute significant screening between existing or proposed buildings on contiguous lots.
(v)
Whether removal of the tree or trees will constitute a horticultural advantageous thinning of an existing overgrown area.
(vi)
Whether removal of the tree or trees will significantly and adversely affect drainage conditions, soil fertility or soil stability.
(vii)
Whether other practical exigencies may exist which would unduly cause hardship or difficulty to the applicant if the tree or trees were retained as weighed against the value of such retention.
(viii)
Considerations that may result in the tree removal permit being disallowed include the following circumstances:
[a]
Soil erosion, soil retention, water retention or run off problems will result;
[b]
Historic, Landmark or Specimen Trees are located on site and cannot be adequately protected or replaced;
[c]
The community's interest, as expressed herein, in the judgment of the Zoning Official and/or the Planning Board, will be significantly degraded by the proposed removal activities.
The Zoning Official and the Planning Board and/or the Board of Adjustment, where required under the provisions of this act or in the case of review by the Planning Board or Board of Adjustment, shall endorse any decision upon the application, and, in case of complete denial, shall set forth the basis for such decision, which shall thereupon be transmitted to the applicant. |
The Zoning Official shall be authorized to withdraw or rescind any permit issued for tree removal activities in the event of any act of noncompliance with the provisions of this Subsection b5 or regulations adopted hereunder. |
(8)
Appeal Procedure. Any applicant aggrieved by a decision of the Zoning Officer may appeal therefrom by letter to the Board of Adjustment. The Board of Adjustment shall render their decision not later than 30 days following receipt of such letter. Any person appealing the decision of the Zoning Officer shall give at least 20 days' notice of the hearing to the owners of all lands within 200 feet of the affected lot or parcel and the Zoning Officer. Any interested parties may appear in person or by attorney. Any person aggrieved by a decision of the Board of Adjustment may appeal therefrom by letter to the Township Committee. The Township Committee shall render its decision not later than 60 days following receipt of such letter.
(9)
Issuance of Construction Permit. Whenever a construction permit is requested for a subdivision, site plan or structure which will require the removal of trees as herein protected, the Zoning Officer shall decline to issue local clearance for the Construction Official to issue any such construction permit until a tree removal permit, where required, is applied for and issued. The Construction Official shall not issue a construction permit or certificate of occupancy for any building on any site, parcel or tract for which there is an outstanding complaint pursuant to this Subsection b5.
(10)
Violations; Penalties.
(i)
The Zoning Officer or other person designated by the Township Committee may institute complaints in the Municipal Court for any violations of this Subsection b5. However, it shall be the policy of the Township of Union to, where possible, first seek voluntary compliance with the provisions of this subsection by giving notice and an opportunity to comply in appropriate circumstances. In the event of a violation or, if notice has been given, continued noncompliance resulting in a violation, the Zoning Official may institute a complaint in the municipal court for any violation of this Subsection b5 or the regulations adopted herein. It shall be an offense to engage in or to do an act prohibited by this paragraph or to omit or fail to perform an act required by this Subsection b5.
(ii)
Upon issuance of a violation, the Zoning Official shall immediately notify the Township Committee and the Planning Board.
(iii)
Any property owner violating any provision of this section may, upon conviction thereof, be punishable by fine not less than $50 and not exceeding $500.
(iv)
In addition to any fine that may be imposed upon conviction of a violation of this ordinance, the Court may order replacement trees as required under this Subsection b5 as restitution for the harm caused.
(v)
In addition, the Court shall impose Court costs as incurred in processing and/or administering any violation issued under this Subsection b5.
(vi)
Each of the terms and conditions of any approval or permit relating to tree removal activity are material elements of the development approval based upon the submission of the application in its entirety, and noncompliance with any term or condition by the applicant or its successors or assigns shall be deemed to be a material default subjecting the applicant to revocation of either or both the approval and/or permit, in the discretion of the Planning Board. The request to change any single condition, since all are integrally related, shall open the development application and/or tree removal permit application, in the discretion of the Planning Board, for reconsideration, possible reapproval and new terms and conditions in addition to those terms and conditions contained in the original approval.
(vii)
The municipality, in the event of a violation of this Subsection b5 or any deviation from permitted removal activity (i.e. removal of trees other than those designated for removal by permit or resolution issued by the Planning Board), reserves the right to revoke or withdraw any approval granted for any subdivision, site plan, building permit or construction permit upon notice to the applicant and public hearing unless prior written approval has been obtained from the municipality for the removal activity in question. Minor deviations and field changes may be approved by the Zoning Officer, but only after consultation with the Planning Board Chairman and only if the deviation does not change the intent of the original approval with respect to tree removal to be permitted. If it is determined that the changes proposed are not minor, the matter must be referred to the full Board, and no changes may be affected without Board approval.
(viii)
Upon notification by the municipality or its agent of the existence of a violation, any removal activity shall cease and any violation shall be immediately resolved with the municipality through the Zoning Officer. If the removal activity is not stopped or the violation cannot be resolved immediately, the municipality, through its Zoning Officer, may issue a "Stop Work Order" until the violation is resolved. If the municipality, through its Zoning Officer, issues a "Stop Work Order" the landowner may, in connection with the development application and in the discretion of the Planning Board, be required to submit a new preliminary and final plan for review and approval by the Planning Board before resuming work.
6.
(Reserved)
7.
Agricultural Soils. In the AP District, in areas of prime agricultural soils as listed in the Soil Survey of Hunterdon County, New Jersey (1974), the following standards shall apply:
8.
Stormwater. All developments shall limit the rate and volume of stormwater runoff and shall incorporate measures to protect the quality of surface and subsurface waters. The post development rate of runoff shall not be greater than the greater rate of runoff in its predevelopment condition. The difference between the pre-development volume of stormwater runoff and post development stormwater runoff shall be retained or recharged to groundwater onsite to the maximum extent practicable. No additional volume of stormwater runoff shall be discharged to a watercourse that is eroding or unstable. Post development stormwater runoff shall not degrade the quality of groundwater or surface water. The provisions for runoff calculations outlined in § 30-24 of this chapter shall be followed.
9.
Soil Erosion and Sedimentation. All developments shall protect streams, lakes, and ponds from sedimentation damage and shall control erosion in accordance with the New Jersey statutes, except that in addition, all developments shall submit a soil erosion and sedimentation control plan as required by § 30-25, Soil Erosion and Sedimentation Control, of this chapter.
10.
Critical Wildlife Habitat. All such lands shall remain as open space. No structures, filling, excavation or clearing of vegetation shall be permitted in critical wildlife habitats. No new discharges of stormwater or wastewater to critical wildlife habitats shall be permitted unless the New Jersey Department of Environmental Protection, Division of Fish and Wildlife, Endangered and Non-game Species Program indicates in writing that such a discharge would have no significant adverse impact on any species of concern.