Ventnor City City Zoning Code
ARTICLE XVII
Environmental District
§ 102-112 Purpose; definitions; permitted, accessory and prohibited uses.
A.
The purpose of the Environmental District is to recognize that certain areas within Ventnor City are subject to tidal flow and/or flooding and fall within the rules and regulations under the Coastal Area Facility Review Act (CAFRA).[1] These coastal wetlands contribute to the physical stability of the coastal zone by serving as:
(1)
A transition area between the forces of the open sea and upland areas, by absorption and dissipation of wind driven storm waves and storm surges.
(2)
A floodwater storage area, thus reducing inland damage.
(3)
Sediment and pollution traps. Also, wetlands perform naturally the wastewater treatment process of removing phosphorus and nitrogenous water pollutants and are critical to the functioning of the estuarine and marine ecosystems. Therefore, in accordance with the policies of the New Jersey Legislature at N.J.S.A. 13:9A-1 et seq., this subsection regulates the development and use of coastal wetlands located within the City of Ventnor City.
[1]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
B. COASTAL WETLANDS COASTAL WETLANDS MAP PERMITTED USES PROHIBITED USES REGULATED USES
Definitions. As used in this section, the following terms have the meanings indicated:
Any bank, marsh, swamp, meadow, flat or other low land subject to tidal action in Ventnor City along the Beach thoroughfare and the coastal island waterways and at any inlet, estuary or tributary waterway thereof, including these areas now or formerly connected to tidal waters where the surface is at or below an elevation of one foot above local extreme high water.
Lands lying within the coastal wetlands identified on a map entitled "Plan of Lands Affected, Wetland Map," published by the State of New Jersey Department of Environmental Protection and filed with the Atlantic County Clerk.
A use specifically permitted on coastal wetlands as provided in this chapter.
Any activity or use of wetlands specifically prohibited by the Procedural Rules and Regulations promulgated by the State Department of Environmental Protection to implement the Wetlands Act (N.J.S.A. 13:19A-1 et seq.).
Any activity or use of the wetlands conditioned upon the issuance of a waterfront development permit from the Commissioner of the State Department of Environmental Protection in accordance with the Procedural Rules and Regulation promulgated by the State Department of Environmental Protection to implement the Wetlands Act (N.J.S.A. 13:9A-1 et seq.).
C.
Permitted uses. The following general categories of uses shall be permitted subject to any restrictions promulgated by the State Department of Environmental Protection, and construction shall be subject further to site plan review by the City of Ventnor City Planning Board and the issuance of a construction permit in accordance with the applicable requirements of this chapter:
(1)
Public recreational uses associated with the natural environment and not requiring the construction of any structures, streets or parking.
(2)
Public wildlife preserves designed for passive recreation.
(3)
Dams, culverts and bridges with appropriate state, federal and local approvals.
(4)
Utility transmission lines, subject to Planning Board approval.
D.
Accessory uses. The following accessory uses shall be permitted:
(1)
Water-oriented uses, including, but not limited to, marinas and boat slips.
E.
Prohibited uses. No person shall engage in or cause other persons to engage in prohibited activities. The following activities shall be prohibited:
(1)
Placing, depositing or dumping any solid waste, garbage, refuse, trash, rubbish or debris.
(2)
Dumping or discharging treated or untreated domestic sewage or industrial wastes, either solid or liquid.
(3)
Applying any pesticide on areas containing significant stands of high-vigor Spartina alterniflora (salt marsh cordgrass), Zizania aquatica (wild rice), Typha species (cattail) and Scirpus americanus (common three-square) as shown generally on the Coastal Wetlands Map.
(4)
The storage or disposal of pesticides.
(5)
Applying persistent pesticides.
§ 102-113 Additional regulations.
Lands within the Environmental District shall not be used to calculate lot area or as a part of permitted density calculations unless specifically approved by the Planning Board.