Woodbine City Zoning Code
§ 26-43.2
Wetlands.
[Added 6-16-2022 by Ord. No. 606-2022]
a.
Uses. No development in the Pinelands Area shall be permitted in a wetland or wetlands transition area except for the following uses:
1.
Horticulture of native Pinelands species.
2.
Berry agriculture.
3.
Beekeeping.
4.
Forestry.
5.
Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10.
6.
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in subsection b. below.
7.
Private docks, piers, moorings and boat launches.
8.
Bridges, roads, trails, and utility transmissions and distribution facilities and other similar linear facilities provided that:
(a)
There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
(b)
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
(c)
The use represents a need which overrides the importance of protecting the wetland;
(d)
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
(e)
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
b.
Performance Standards. No development in the Pinelands Area, other than those uses permitted in paragraph a., above, shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in a significant adverse impact on the ecological integrity of the wetland and its biotic components, including, but not limited to, threatened or endangered species of plants or animals in one or more of the following ways:
1.
An increase in surface water runoff discharging into a wetland.
2.
A change in the normal seasonal flow patterns in the wetland.
3.
An alteration of the water table in the wetlands.
4.
An increase in erosion resulting in increased sedimentation in the wetlands.
5.
A change in the natural chemistry of the ground or surface water in the wetlands.
6.
A loss of wetland habitat.
7.
A reduction in wetland habitat diversity.
8.
A change in wetlands species composition; or
9.
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting, or feeding.
Determinations under paragraph b. above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland. |