Woodstown City Zoning Code
ARTICLE VIII
District Regulations
§ 67-39 Schedule of District Regulations.
[Amended 10-24-2017 by Ord. No. 2017-11]
District regulations as set forth in the Woodstown Borough Zoning Ordinance Schedule of District Regulations and in specified supplementary sections are hereby adopted by reference and declared to be a part of this Part 3.[1]
[1]
Editor’s Note: The Schedule of District Regulations is included as an attachment to this chapter.
§ 67-39.1 Conservation Overlay.
[Added 4-25-06 by Ord. No. 2006-629]
A.
In the Conservation District or the Conservation-Residential District any major subdivision and/or site plan application must submit an Environmental Impact Statement in accordance with the requirements of Section 67-57.
B.
Purpose and objectives.
(1)
The purpose of the conservation area overlay district is to provide special controls over land use and development located in ecologically significant landscapes identified by the Borough of Woodstown. The overlay district is designed to preserve and protect ecosystems in their entirety to the greatest extent possible. This shall be accomplished by minimizing fragmentation of the landscape, maintaining biodiversity and specifically protecting unique environmental features identified as integral parts of the designated landscape. The overlay district shall establish standards and procedures which are designed to protect, conserve, enhance, restore, and maintain significant natural features and the ecological connections between them.
(2)
The regulations contained in this overlay district seek to protect areas known to be ecologically sensitive to disturbance by development, or that are ecologically important because they support threatened, endangered or regionally declining species, maintain connections within a landscape, support a high diversity of species or constitute rare or unusual habitats.
(3)
These regulations are intended to:
(a)
Maintain the diversity of wildlife species and habitat found in the conservation area.
(b)
Protect habitat areas from activities that would cause immediate or foreseeable danger to significant wildlife habitat.
(c)
Ensure that land uses and development are planned and designed to be harmonious with wildlife habitat and the species that depend on that habitat, and to protect the full range of habitats and species in the area.
(d)
Preserve and protect open space to the maximum extent possible by requiring the clustering of permitted development and limiting intrusion into natural habitat.
(e)
Connect open spaces with each other to the greatest extent possible to allow for the preservation of wildlife habitat and other environmental features.
(f)
Reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach watercourses, wetlands, or subsurface water bodies by using scientifically proven processes including filtration, deposition, absorption, plant uptake, and denitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.
(g)
Improve and maintain the safety, reliability, and adequacy of the water supply for domestic, agricultural, commercial, industrial, and recreational uses along with sustaining diverse populations of aquatic flora and fauna.
(h)
Retain areas of annual flooding, floodplains, water areas, and wetlands in their natural state to the maximum extent possible to preserve water quality and protect water retention capabilities, facilitate recharging of the water table, and natural functions.
(i)
Protect steep slopes and other areas of erosion or potential erosion to the greatest extent possible by minimizing the impacts in these areas by properly managing disturbances.
(j)
Protect the quality of air, water, and soil and maintain minimum noise and artificial lighting levels in sensitive environmental areas.
(k)
Protect areas generally recognized for their special or unique vegetative features or ecological communities including natural vegetation along lakes, rivers, wetlands and streams, grasslands, woodlands, stands of trees and mature forests.
(l)
Limit human and domestic animal intrusion and impact.
(4)
The regulations contained in this law are not intended to be substituted for other general zoning district provisions, but should be considered as additional requirements to be met by applicants, prior to project approval. The purpose of the overlay district is to provide the Borough of Woodstown with an additional level of review and regulation to control how land use and development, permitted by the Borough of Woodstown's primary zoning districts, occurs in sensitive or unique environmental areas.
C.
If the environmental impact statement identifies any environmentally sensitive habitat or natural resource additional setbacks and development techniques shall be applied. The following shall constitute as environmentally sensitive habitat or natural resources for the purpose of this provision:
D.
Buffers. A minimum buffer of 50 feet, in addition to any required setbacks, shall be provided from any feature identified in Subsection C above. In circumstances where an eagle habitat is discovered, a buffer of 300 feet shall be provided.
E.
Areas that are subject to the buffer in Subsection C above, including the buffer area, shall be placed in a conservation easement and deed restricted from development. All areas shall remain in their natural state, however maintenance, as permitted by the New Jersey Department of Environmental Protection, is permitted.
F.
Findings of fact and intent.
(1)
Freshwater wetlands and freshwater wetland transition areas, water bodies, watercourses.
(a)
Findings of fact. Freshwater wetlands and watercourses serve multiple functions, including to:
(i)
Provide surface water, recharge groundwater and aquifers, serve as chemical and biological oxidation basins and function as settling basins for naturally occurring sedimentation.
(ii)
Control flooding and stormwater runoff by regulating natural flows, storing water and desynchronizing flows.
(iii)
Provide critical nesting, migratory stopover and over-wintering habitats for a diversity of wildlife.
(iv)
Support unique vegetative associations of various types.
(v)
Provide areas of unusually high plant productivity, which support significant wildlife diversity and abundance.
(vi)
Provide breeding and spawning grounds, nursery habitat and food for various species of fish and amphibians.
(vii)
Serve as nutrient traps for nitrogen and phosphorous and act as filters for surface water pollutants.
(viii)
Help to maintain biospheric stability by supporting particularly efficient photosynthesizers capable of producing significant amounts of oxygen and supporting bacteria which process excess nitrates and nitrogenous pollutants and return them to the atmosphere as inert nitrogen gas.
(ix)
Provide open space and visual relief from intense land development.
(x)
Serve as outdoor laboratories and living classrooms for the study and appreciation of natural history, ecology and biology.
(b)
Intent. Development in and around wetlands, water bodies or watercourses shall not threaten public safety, the natural environment or cause nuisance by:
(i)
Impeding or reducing flood flows, reducing flood storage areas or destroying storm barriers, thereby resulting in increased flood heights, stream scouring, flood frequency or increased velocity over land.
(ii)
Increasing water pollution through location of any domestic wastewater disposal system in wet soil; inappropriate siting of stormwater control facilities; unauthorized application of fertilizers, pesticides, herbicides and algicides; disposal of solid wastes at inappropriate sites; creation of unstabilized fills; or the destruction of wetland soils and vegetation serving pollution and sediment control functions.
(iii)
Increasing erosion.
(iv)
Decreasing breeding, nesting and feeding areas for species of waterfowl and shorebirds, including those rare and endangered.
(v)
Interfering with the exchange of nutrients needed by fish and other forms of wildlife.
(vi)
Decreasing habitat for fish and wildlife.
(vii)
Adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies.
(viii)
Significantly altering the wetland hydro-period and thereby causing either short or long-term changes in vegetative composition, soil characteristics, and nutrient recycling or water chemistry.
(ix)
Destroying sites needed for educational and scientific research, such as outdoor biophysical laboratories, living classrooms and training areas.
(x)
Interfering with public rights in navigable waters and the recreational opportunities provided by wetlands for fishing, boating, hiking, bird watching, photography, camping and other passive uses.
(xi)
Destroying or damaging aesthetic and property values, including significant public viewsheds.
(2)
Floodplains.
(a)
Findings of fact.
(i)
Floodplains temporarily store water and decrease storm velocity. These functions are enhanced by vegetation which enable water to spread horizontally and move more slowly.
(ii)
Floodplains help control runoff, decrease the potential for catastrophic flooding, and allow for the infiltration of water into the groundwater table.
(iii)
Floodplains capture and sequester sediment and nutrients thereby enhancing the quality of water.
(iv)
Floodplain trees and plants stabilize riverbanks thereby reducing erosion.
(v)
Floodplains provide critical habitat for wildlife and aquatic species such as resting, feeding and nesting areas. These areas provide a transition zone between watercourses and uplands.
(vi)
Damages from flooding and erosion can be extensive, including destruction or loss of housing, public facilities, and injury to and loss of human life.
(b)
Intent. The provisions of this law are intended to:
(i)
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which cause increases in erosion or flood heights or velocities.
(ii)
Require that uses vulnerable to flooding, including structures, be protected against flood damage.
(iii)
Control the alteration of natural floodplains, stream channels and natural protective barriers that are involved in the accommodation of floodwaters.
(iv)
Control filling, grading, dredging and other development that may increase erosion or flood damages.
(v)
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(vi)
Prevent the removal of floodplain vegetation and the creation of impermeable surfaces that would lessen the natural functions of a floodplain ecosystem.
(3)
Aquifers.
(a)
Findings of fact.
(i)
Aquifers store water for varying periods of time acting as underground reservoirs.
(ii)
Springs and spring fed habitats are important for various species.
(iii)
Aquifers contribute significantly to surface water and are important to sustaining vegetation.
(iv)
Activities that prevent infiltration into aquifers cause increased runoff.
(v)
The groundwater underlying the conservation Area District is a major source of existing and potential future groundwater supply, including drinking water, and, as such, should be protected from contamination.
(vi)
Unregulated development in areas with sensitive hydrogeologic formations of stratified drift aquifers and their primary recharge areas may threaten the quality of such groundwater supplies and related water resources in the Conservation Areas District posing potential public health and safety hazards.
(vii)
Preventive measures are needed to control the development of land and to control the discharge and storage of hazardous materials within the hydrologic formations to limit the adverse impacts that such development and discharge can create.
(b)
Intent. The provisions of this law are intended to:
(i)
Protect the public health, safety and welfare through the preservation of the groundwater resources in order to ensure the future supply of safe and healthful drinking water in the conservation area, by reducing the potential for groundwater contamination.
(4)
Steep slopes.
(a)
Findings of fact.
(i)
Steep slopes are environmentally sensitive landforms and valuable natural resources, which are of benefit to the entire Borough of Woodstown and the surrounding region. The environmental sensitivity of steep slopes often results from such features as shallow soils over bedrock, bedrock features, groundwater seeps, or watercourses and wetlands found on or adjacent to steep slopes.
(ii)
Destruction of steep slopes by unregulated regrading, filling, excavation, building, clearing and other such acts, is inconsistent with the natural condition or acceptable uses of steep slopes. Steep slopes provide critical habitat for some wildlife species.
(iii)
Effective protection of steep slopes requires preservation. Where steep slopes must be disturbed, careful regulation, including stringent mitigating measures of disturbance of soil and vegetation on steep slopes is necessary.
(iv)
Improper management of disturbances to steep slopes can aggravate erosion and sedimentation beyond rates experienced in natural geomorphological processes. Erosion and sedimentation often include the loss of topsoil, a valuable natural resource, and can result in the disturbance of habitats, alteration of drainage patterns, obstruction of drainage structures, damage to surface and subsurface hydrology and intensification of flooding.
(v)
Inadequate control of disturbances to steep slopes can lead to the failure of slopes and mass-movement of earth, damage to natural environment, manmade structures and personal safety, and the loss of aesthetically pleasing landscapes.
(b)
Intent. The provisions of this law are intended to:
(i)
Preserve steep slopes to the greatest extent practicable and regulate their use to protect the public interest by perpetuating benefits provided by steep slopes and by ensuring the minimization of detrimental effects though the practice of properly managed disturbance of steep slopes.
(ii)
Reduce water runoff, soil erosion, and rockslides by minimizing grading and by requiring revegetation.
(iii)
Permit intensity of development compatible with the natural character of the slope or hillside by considering degree of slope, significant landforms, soil suitability, and existing drainage patterns.
(5)
Woodlands, forests and trees.
(a)
Findings of fact.
(i)
The preservation and maintenance of trees is necessary to protect the health, safety, environment, and general welfare of the inhabitants of the Borough of Woodstown.
(ii)
Trees provide necessary shade and cooling, greenspace and aesthetic appeal, impede soil erosion, aid water absorption, and generally enhance the quality of life within the Borough of Woodstown.
(iii)
Forests and stands of trees provide important habitat for wildlife. Forests and plants also provide important ecosystem functions such as carbon sequestration, filtering pollutants from the air, moderating climate, and moderating surface water runoff.
(iv)
The destruction and damage of trees and the indiscriminate and excessive cutting of trees causes barren and unsightly conditions, creates surface drainage problems, increases municipal costs to control drainage, impairs stability of real property values, and adversely affects the character of the community.
(b)
Intent. The provisions of this law are intended to:
(i)
Preserve and protect woodlands, stands of trees, mature forests and shrubs, including specimen trees, rare species, and habitats by regulating or controlling land use and development in those areas.
(ii)
Preserve the physical environment, biotic resources, and trophic networks needed to support productive forests by maintaining compositional and structural diversity.
(iii)
Provide a diversity of seral stages, cover types, and stand structures that provide habitat for many native species and a framework for all essential ecosystem processes.
(iv)
Preserve forest soil stability, fertility and vitality by eliminating activities that result in erosion, acidification, loss of nutrients and compaction.
(6)
Wildlife and habitat.
(a)
Findings of fact.
(i)
Areas that contain a diversity of wildlife species are a natural resource of local, state, national and global significance.
(ii)
Wildlife plays important roles in maintaining ecosystems through ecological interactions such as predation, pollination and seed dispersal.
(iii)
Wildlife provides valuable educational and recreational opportunities.
(iv)
Wildlife populations can only be sustained if adequate measures are taken to maintain the habitats they require and the ecological connections between these habitats. Habitat protection enables wildlife to persist in a region as well as enabling the continuation of vital natural processes.
(v)
Poorly planned land development causes the fragmentation, and reduces the functioning of habitat.
(vi)
The effective protection of ecosystems is dependent on a basic understanding that few ecosystems are wholly contained within one municipality. Therefore, intermunicipal cooperation is necessary to ensure that ecologically sensitive landscapes are protected and maintained.
(b)
Intent. The provisions of this law are intended to:
(i)
Identify critical fish and wildlife habitat areas.
(ii)
Protect fish and wildlife habitat and their ecological connections.
(iii)
Maintain populations of wildlife species and the habitats they depend upon.
(iv)
Provide for breeding, nesting, feeding and other life functions required to sustain a diversity of wildlife including species declining in the region and rare, endangered, and threatened species.
(v)
Minimize fragmentation of habitats by protecting open space and by maintaining interconnecting corridors to form a continuous network of wildlife habitats and ecosystems.
(vi)
Participate in intermunicipal agreements that will ensure the maintenance of regional critical ecosystems and their ecological connections.
G.
Conservation area overlay designation.
(1)
To protect an ecosystem, the natural resources identified in Subsection E. found on a large undisturbed landscape must be identified and mapped. It is critical that the areas within the ecologically significant landscape remain undisturbed allowing critical ecosystem processes to continue to function.
(2)
The boundaries of the conservation area shall be included on the Official Conservation Areas Map at an appropriate scale and with a metes and bounds description such that the boundaries of the conservation area can be clearly identified.
(3)
Designation of the conservation area shall include identification of all natural resources as described by the designation criteria set forth in Subsection H. The identified resources shall be included on the conservation area map at an appropriate scale and description such that the resources can be clearly identified.
(4)
The Zoning Map, soil survey maps, topographical maps, aerial photographs, state and national wetlands inventories, wildlife inventories, field studies and any other inventory methods as required by the Borough of Woodstown Planning/Zoning Board shall be used to identify the natural resources within the conservation area.
(5)
If at any time the maps referenced in this section are not prepared or properly filed, applicants in any conservation area shall be required to submit maps of their land containing the requisite infrastructure.
H.
Designation criteria. The following natural resource characteristics shall be used in designating the conservation area:
(1)
Freshwater wetlands, water bodies, watercourses.
(a)
Freshwater wetlands shall include and be characterized as follows:
(i)
Lands that qualify or are commonly referred to as marshes, swamps, sloughs, bogs, flats, vernal pools/ponds, wetland meadows and other wetlands whether flooded at all times, flooded seasonally or having a water table at least three consecutive months of the year within six inches of the ground surface or supporting aquatic or semiaquatic vegetation.
(ii)
Lands and submerged lands containing remnants of nonaquatic or semiaquatic vegetation that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet.
(iii)
Lands and water substantially enclosed by aquatic or semiaquatic vegetation as set forth in paragraph (1)(a)(i) of this subsection or by dead vegetation as set forth in paragraph (1)(a)(ii) of this subsection, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
(iv)
The water overlying the areas set forth in paragraphs (1)(a)(i) and (ii) of this subsection and the lands underlying paragraph (1)(a)(iii) of this subsection.
(v)
Lands and submerged lands containing sensitive soils where the slope is less than 3%, typical wetlands vegetation, and a groundwater table within six inches of the surface for over three consecutive months in the year.
(vi)
Soil types that are poorly drained, alluvial or floodplain soil.
(b)
Watercourses shall include and be characterized as follows:
(i)
A running stream of water; a natural stream fed from permanent or natural sources, including rivers, creeks, springs, runs and rivulets; a stream, usually flowing in a particular direction, though it need not flow continuously.
(ii)
The watercourse must flow in a definite channel, having a bed or banks. It usually discharges itself into some other stream or body of water. It must be something more than mere surface drainage over the entire face of the tract of land, occasioned by unusual freshets or other extraordinary causes.
(c)
Water bodies shall include and be characterized as follows:
(i)
Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernable shoreline.
(d)
Establishing and interpreting wetland and buffer area boundaries.
(i)
Wetlands, water bodies and watercourses and their adjacent critical terrestrial habitat that are ecologically related and cannot be considered in isolation. Buffers are extremely important ecologically and many species depend on the uplands that border wetlands for critical habitat.
(ii)
The boundaries of the wetlands, water bodies and watercourse and buffer areas shall be determined by a field investigator and surveyed by a licensed surveyor. The buffer area shall extend to the extent deemed necessary to protect wildlife and other critical resources.
(2)
Floodplains.
(a)
Floodplains shall include and be characterized as follows:
(i)
Any land area susceptible to being inundated by water as a result of the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.
(ii)
Land subject to a 1% or greater chance of flooding in any given year. This is commonly referred to as the "one-hundred year floodplain."
(iii)
Floodway or channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(3)
Aquifers.
(a)
Aquifers shall include and be characterized as follows:
(i)
A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant amount of groundwater to wells, springs or infiltration galleries.
(ii)
Soil or rock units that have substantial porosity plus sufficient permeability to permit storage or economic extraction of water.
(5)
Woodland, forests and trees.
(6)
Wildlife and wildlife habitat.
(a)
Wildlife and wildlife habitat shall include and be characterized as follows:
(i)
Areas where endangered, threatened, regionally declining, and ecologically sensitive species occur.
(ii)
Habitats and species of local importance.
(iii)
Lakes, ponds, streams, rivers and their submerged aquatic beds that provide fish and wildlife habitat.
(iv)
Nature preserves or conservation areas.
(v)
Wildlife corridors and landscape linkages.
(vi)
Areas with one of the following attributes: wildlife diversity, significant seasonal ranges for wildlife, wildlife migration corridors, limited and/or highly vulnerable habitat.
(vii)
Significant habitat areas include habitats that are limited, declining or highly vulnerable to degradation and destruction, and that support species and/or ecological communities that are endangered, threatened, rare or ecologically sensitive to such changes.
(viii)
Wildlife species that are unique, rare, threatened, endangered, regionally declining or otherwise deemed to be of significance to the Borough of Woodstown.
(ix)
Areas of suitable or critical wildlife habitat as designated by the State of New Jersey Landscape Project habitat mapping database.
I.
Performance standards. The following standards are designed to ensure that resources contained in the conservation area are impacted to the least possible extent. Performance standards ensure that the landscape will remain integrated and that resources can function in a natural state. The following standards are applicable to all development activities that occur within the Conservation Overlay District.
(1)
Fragmentation.
(a)
Objectives. To decrease to the greatest extent possible the fragmentation of the conservation area so that natural processes are not disrupted and biodiversity is not diminished.
(b)
The objectives shall be attained by applying the following standards:
(i)
To the greatest extent possible, development shall be limited to existing fragmented areas.
(ii)
If development in sensitive environmental areas cannot be avoided, development should be planned and technology used to maintain ecological connections and protect critical resources.
(iii)
Clustering in accordance with Section 67-74.1 Appendix B[1] should be used to avoid degradation of critical resources and further fragmentation of the landscape.
[1]
Editor's Note: This reference, found in Ordinance 2006-629 is codified herein at the direction of the borough and will be clarified in a future supplement.
(2)
Erosion and sedimentation control.
(a)
Objective. To safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land.
(b)
General principles. The objective is to control soil erosion and sedimentation caused by development. Measures taken to control erosion and sedimentation shall be adequate to ensure that sediment is not transported from the site by a storm event of ten-year frequency or less. The following principles shall apply to all development:
(i)
Selection of control measures. The selection of erosion and sedimentation control measures shall be based on assessment of the probable frequency of climatic and other events likely to contribute to erosion, and on an evaluation of the risks, costs, and benefits involved.
(ii)
Protection of adjacent properties. Properties adjacent to the site of a land disturbance shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters, dikes, or sediment basins, or by a combination of such measures.
(iii)
Cut and fill slopes. Development shall reflect the topography and soils of the site so as to create the least potential for erosion. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible. In the design of cut and fill slopes, consideration must be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions and other applicable factors. Slopes, which are found to be eroding excessively within one year of construction, must be provided with additional stabilizing measures until the problem is corrected.
(iv)
Vegetation. Natural vegetation shall be retained and protected wherever possible. A permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation and related structures shall be installed as soon as practical, or within the time specified in the permit. Permanent vegetation shall not be considered established until a ground cover is achieved which, in the opinion of the Soil Conservation District serving Salem County, is mature enough to control soil erosion satisfactorily and to survive severe weather conditions. The smallest practical area of land shall be exposed for the shortest practical time during development.
(v)
Stabilization of denuded areas and soil stockpiles. Permanent or temporary soil stabilization must be applied to denuded areas within 15 days after final grade is reached on any portion of the site. Soil stabilization must also be applied within 15 days to denuded areas which may not be at final grade but will remain dormant (undisturbed) for longer than 60 days. Soil stabilization refers to measures that protect soil from the erosive forces of raindrop impact and flowing water. Applicable practices include vegetative establishment, mulching, and the early application of gravel base on areas to be paved.
(vi)
Sediment basins, debris basins, desilting basins, silt traps or filters shall be installed and maintained to remove sediment from runoff waters from land undergoing development.
(vii)
Timing and stabilization of sediment trapping measures. Sediment basins and traps, perimeter dikes, sediment barriers and other measures intended to trap sediment on-site must be constructed as a first step in grading and must be made functional before upslope land disturbance takes place. Earthen structures such as dams, dikes, and diversions must be seeded and mulched within 15 days of installation.
(viii)
Stabilization of waterways and outlets. All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a 10-year frequency storm without erosion. Stabilization adequate to prevent erosion must also be provided at the outlets of all pipes and paved channels.
(ix)
Storm sewer inlet protection. All storm sewer inlets which are made operable during construction shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
(x)
Working in or crossing watercourses. Construction vehicles should be kept out of watercourses to the greatest extent possible. Where in-channel work is necessary, precautions shall be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) must be restabilized immediately after in-channel work is completed.
(xi)
Stormwater management criteria for controlling off-site erosion. Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development. Drainageways shall be designed so that the final gradients and the resultant velocities of discharges will not create additional erosion.
(xii)
Underground utility construction. The construction of underground utility lines involving installation, maintenance or repair which disturbs more than 10,000 square feet shall be subject to the following criteria:
[a]
No more than 500 feet of trench are to be opened at one time.
[b]
Where consistent with safety and space consideration, excavated material is to be placed on the uphill side of trenches.
[c]
Trench dewatering devices shall discharge in a manner that will not adversely affect flowing streams, drainage systems, or off-site property.
(xiii)
Construction access routes. Wherever construction vehicle access routes intersect paved public roads, provisions shall be made to minimize the transport of sediment (mud) by runoff or vehicle tracking onto the paved surface. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and transported to a sediment control area. Street washing shall be allowed only after sediment is removed in this manner.
(xiv)
Disposition of temporary measures. All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved or after the temporary measures are no longer needed, unless otherwise authorized by Woodstown Borough Planning/Zoning Board. Trapped sediment and other disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sedimentation.
(xv)
Maintenance. All temporary and permanent erosion and sediment control practices, aesthetics and the requirements of continuing maintenance shall be considered.
(xvi)
Aesthetics. Erosion and sediment control practices must be maintained and repaired as needed to assure continued performance of their intended function.
(3)
Filling and grading.
(a)
Objectives. To provide for the proper use of land and to remove the dangers caused by soil erosion, filling operations, the stripping of soil and alteration to the natural contour of earth as it presently exists in the Conservation Area Overlay District. To avoid the depletion of trees, soil and natural vegetation damage to agricultural crops, and depreciation in value of and physical damage to properties adjacent to such dangers.
(b)
Exempt properties and uses. The following uses shall be exempt from the provisions of this subsection:
(i)
Any filling or grading operation where a building permit has been duly issued, provided that it is limited in area and bulk to that strictly essential for, and limited to the extent of, the foundation, walls, and basement of such building or for the construction of a wall, driveway, sidewalk, swimming pool, service connections or other structure or underground tank, and which is actually replaced by a basement foundation, wall, swimming pool, tank or other underground structure, does not involve any change in the existing grade and contour.
(ii)
Any filling or grading operation, which shall constitute repair, maintenance or resurfacing of an existing sidewalk, walk or driveway, provided that such sidewalk, walk or driveway is not enlarged or extended.
(iii)
Nothing in this section shall be construed as to prevent the owner or occupant of a premises used as a residence from placing or moving topsoil for lawn maintenance or repair or for landscaping purposes, provided that no power tools are used other than a garden tractor not exceeding six horsepower.
(c)
Findings. The Borough of Woodstown Planning/ Zoning Board shall make the following findings before approving any development involving grading and filling:
(i)
The work will not interfere with surface drainage, endanger any street, road, highway or municipal facility or interfere with support or drainage of adjoining properties.
(ii)
The property can be restored and rehabilitated so that it will not cause soil erosion, drainage problems or create disturbance of land in conflict with the established purposes of this section.
(iii)
The work or its results will not cause substantial traffic hazards, vibrations, noise, dust or sand.
(iv)
The work or its results shall conform to the natural topography of land and will not change the character of the Conservation Area Overlay District.
(v)
The period of time and the methods for the completion of the work are reasonable.
(vi)
Accessibility of the property involved in the application to fire and police protection; access of light and air to the property and to adjoining properties; traffic conditions; transportation requirements and facilities; the general safety, health, peace, comfort and general welfare of the community at large; and whether the location and size of the proposed use, the nature and intensity of the operations involved, the size of the site in relation to the use, the location of the site with respect to existing or future streets giving access to it and parks and drainage systems shall be such that it will be in harmony with the Comprehensive Plan and Zoning Law of the Borough of Woodstown.
(vii)
Operations in connection with any use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or lights than would be the operations of any use permitted by right.
(viii)
No filling operation shall be conducted which results in the deposit of topsoil, earth, sand, gravel, rock or other substance which will interfere with any natural watercourse or the natural drainage of the property; and at the termination of the permit, the premises shall be roughly graded and, if necessary, other provisions made of a permanent nature so that the natural drainage shall be fully restored.
(ix)
There shall be no interference with existing drainage, nor shall the filling operation divert or cause water to collect on the property of others or interfere with or overload any existing or planned drainage facilities, endanger any road, street or highway or produce or enlarge areas from which water will not drain. Provisions shall be made for the temporary drainage to be effective upon completion of the operation.
(d)
Conditions. The Planning/Zoning Board is authorized to impose, in granting approval, the following conditions:
(i)
The establishment of the permitted period of time for the completion of the work.
(ii)
The establishment of hours and days of operation, taking into account the nature of the area in which the work is to be performed.
(iii)
The construction of fencing and other safety precautions, specifying the height and type of fencing or precaution and the location of the same.
(iv)
The maximum slope and depth of any fill and the height and slope of any material moved or removed. All excavations and all conformations resulting from grading and filling operations shall be drained so there shall be no water or pools gathering in the bottom of such property.
(v)
The provisions of access roads or other adequate means of access or ingress shall have a surface satisfactory to the Woodstown Borough Planning/Zoning Board.
(vi)
The establishment of the minimum horizontal distance from any public road or highway or from any work to be performed.
(vii)
The execution of a payment and performance bond or cash deposit in the amount sufficient to secure the rehabilitation of the site and/or to guarantee the faithful performance of the work in accordance with the approval of the permit and all ordinances, laws and regulations of the Borough of Woodstown and all plans and specifications filed with the application for the permit. Such bond shall be approved by the Borough of Woodstown Attorney as to form and manner of execution and sufficiency of sureties and shall run for the same term as the term of the approval. Default on such bond or deposit shall be declared by the Woodstown Borough Planning/Zoning Board upon recommendation of the Borough Engineer.
(viii)
Such other considerations or requirements as the Borough of Woodstown Planning/Zoning Board in its discretion shall determine to be necessary for the protection of health, safety and welfare of the public.
(4)
Natural resource extraction (i.e. mining, excavation, timber removal).
(a)
Objectives. To provide for the proper use of land and to mitigate the dangers caused by soil erosion, filling operations, excavations in the ground, sand and gravel excavation, the removal of trees, the stripping of soil and alteration to the natural contours of the earth as it presently exists in the Conservation Overlay District. To avoid the depletion of trees, soil and natural vegetative cover and the depreciation in value of and physical damage to properties adjacent to such dangers.
(b)
Natural resource removal/extraction is prohibited in this zone.
(c)
Exemptions. The following properties and uses shall be exempt from the provisions of this section:
(i)
Any excavation incidental to public highway construction or maintenance.
(ii)
A single parcel of property located in a residential zoning district which is owned and occupied by the same family unit and which is incapable of being further subdivided into two or more valid conforming lots pursuant to the Zoning Law for the district in which the property is located, provided that the Planning/ Zoning Board determines that there is no existing or potential danger to adjoining properties by virtue of fill or excavation operations.
(iii)
Any excavation or filling operation in connection with a subdivision or site plan which has been duly approved by the Planning/Zoning Board and which makes specific provisions for grading, contouring and drainage in the manner deemed by the Planning/Zoning Board appropriate to carry out the purposes and intent of this section.
§ 67-39.2 Approval requirements and standards for Conservation Overlay development applications in the CR and CONS Districts.
[Added 4-25-06 by Ord. No. 2006-629]
A.
General approval procedures. If not otherwise required for the approval of the development, the applicant shall submit the following information:
(1)
The location of the Conservation Area District boundaries.
(2)
The location of all existing and proposed drainage patterns, swales, drainageways, drainage structures, including agricultural field tiles/drains, etc., within and/or adjacent to the property.
(3)
The location of critical wildlife habitat and a listing of wildlife species that utilize the habitat.
(4)
The location of any other critical natural resources that have been identified upon designation of the Conservation Overlay Area.
B.
Development approval on land located in proximity to wetlands, water bodies, and watercourses. In addition to the information requested in Section 67-39.2A, the application shall include:
(1)
A plat drawn to scale showing the wetland boundary as determined by a documented field survey, including the location of all existing and proposed watercourses, drainageways, and storm water facilities. The plat shall also show the buffer area boundaries;
(2)
A description and map of the wetland area that will be affected by the proposed activity. This documentation must also include a map of the entire wetland, an assessment of the wetland's functional characteristics and water sources, and a description of the vegetation types and fish and wildlife habitat;
(3)
A description and map of soil types in the proposed development area and the locations and specifications for all proposed draining, filling, grading, dredging and vegetation removal, including the amounts and methods;
(4)
A study of any flood hazard, erosion hazard, or other natural hazards in the proposed development area and any prospective measures to reduce such hazards;
(5)
Detailed mitigation plans if required;
(7)
Approval criteria. In determining approval, the Borough of Woodstown Planning/Zoning Board shall consider the following:
C.
Development approval for land located in aquifers. In addition to the information required in Section 67-39.2A, the application shall include:
(1)
A hydrologic analysis of the property. The purpose of the report is to demonstrate whether the proposed use will result in any degradation or contamination of groundwater. Such analysis shall be prepared by a qualified hydrologist at the expense of the applicant. Such analysis shall include:
(a)
Identification of the nature and importance of the groundwater supply and recharge aspects of the individual property upon which the use is proposed.
(b)
Aquifer flow characteristics, including a delineation of the primary recharge area, a distribution of transmissivity and details of the hydrologic budget, including natural and manmade sources of recharge and withdrawal.
(c)
Description of the water table level.
(d)
Establishment of a groundwater protection plan which shall be implemented as part of the use. The plan, and its implementation at the time of establishment of the use, shall be such that it will mitigate any reasonable possibility of degradation or contamination of the groundwater designated for protection. Particular design features to mitigate the water quality impacts of first-flush runoff from paved surfaces shall be included in the groundwater protection plan.
(e)
A showing that the use together with the implementation of the groundwater protection plan, will not result in a violation of the Federal and New Jersey State Drinking Water Standards. The location of measurement/ testing is to be in the groundwater within the downgradient property line.
(f)
An analysis of installation and/or extension of public or community sanitary sewer system as a mitigation measure and as an alternative to septic systems.
(2)
Approval criteria. In determining approval, the Borough of Woodstown Planning/Zoning Board shall consider the following:
(a)
The type of use and the area in which the use is proposed.
(b)
The amount of vegetation that would be lost.
(c)
The degree of threat to groundwater quality caused by the proposed use including the degree of soil compaction reducing the ability of the aquifer to store water.
(d)
The Borough of Woodstown Planning/Zoning Board may attach conditions to a permit to insure the protection of groundwater quality.
(3)
Prohibited uses in aquifer and recharge areas.
(a)
The disposal, storage or treatment of hazardous material and solid or liquid waste material, except the storage of such hazardous material in sealed containers for retail sale or for normal household use.
(b)
Dry wells directly connected to any floor drain, garage drain, wash basin or sink.
(c)
Disposal of septic or sewage sludge or ash.
(d)
Any storage of materials, which is found by the Borough of Woodstown Planning/Zoning Board, to have the potential to contaminate or degrade groundwater resources.
D.
Development approval for land located in floodplains.
(1)
In addition to the information required in Section 67-39.2A, the application shall include:
(a)
The elevation, in relation to mean sea level, of the proposed lowest floor, including the basement or cellar of all structures.
(b)
A certificate from a licensed professional engineer or architect that the utility floodproofing will meet the floodproofing criteria.
(c)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria.
(d)
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed land use or development.
(e)
Any such other information and technical data as the Borough of Woodstown Planning/Zoning Board may require.
(2)
Approval criteria. In determining approval, the Borough of Woodstown Planning/Zoning Board shall consider the following:
(a)
The type of use and area in which it is proposed.
(b)
The amount of vegetation that would be lost.
(c)
The degree of threat to loss of critical habitat and wildlife species.
(d)
The alteration of the natural characteristics of the floodplain.
(e)
Whether proposed building sites will be reasonably safe from flooding.
(f)
Whether proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities).
(g)
All necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
E.
Development approval on land located on steep slopes.
(1)
In addition to the information required in Section 67-39.2A the application shall include:
(a)
The location of the proposed area of disturbance and its relationship to property lines, easements, buildings, roads, walls and wetlands, if any, within 50 feet of the boundaries of said area.
(b)
Proposed final contours at a maximum contour interval of two feet, locations of proposed structures, underground improvements, and proposed surface materials or treatment.
(c)
Existing topography of the entire watershed tributary to the proposed area of disturbance, presented at a scale of not more than one hundred (100) feet per inch. An insert map at a scale of not more than 2,000 feet per inch may be used to show the entire watershed, if needed. This map shall show existing and proposed controls and diversions of upland water.
(d)
A soils and slopes map indicating existing soils on the property, based on USDA Natural Resource Conservation Service soils surveys. The depth of bedrock and depth to water table shall be identified in all areas of disturbance. Generalized slope areas for slopes zero to fifteen percent (0%—15%), fifteen to twenty-five percent (15%—25%), and greater than 25% shall be delineated. This map shall be drawn on a topographic base map.
(e)
The details of any surface or subsurface drainage systems proposed to be installed including special erosion control measures designed to provide for proper subsurface drainage, both during the performance of the work and after its completion.
(f)
Any special reports deemed necessary by the Borough of Woodstown Planning/Zoning Board to evaluate the application, including but not limited to detailed soils, geologic or hydrogeologic studies.
(g)
A written narrative explaining the nature of the proposal, including any future development anticipated for the property and whether alternative locations exist for the proposed activity.
(2)
Approval criteria. In determining approval, the Borough of Woodstown Planning/Zoning Board shall consider the following:
(a)
The stable angle of repose of the soil classes found on the site have been used to determine the proper placement of structures and other development within the steep slope area.
(b)
The stability of soils will be maintained or increased to adequately support any construction thereon, or to support any landscaping, agricultural, or similar activities.
(c)
No proposed activity will cause erosion or slipping of soil, or cause sediment to be discharged into wetlands, watercourses or water bodies.
(d)
Plant life located on the slopes outside of the minimum area that needs to be disturbed for carrying on approved development shall not be destroyed. Plants or other acceptable ground cover shall be reestablished in the disturbed area immediately upon completion of development activities to maintain the natural scenic characteristics of any steep slope.
(e)
Access down steep slopes shall be provided with ramp slopes no greater than 1:16 and side slopes no greater than 1:3 if not terraced or otherwise structurally stabilized. Disturbed nonroadway areas shall be stabilized and adequately drained.
(f)
Construction of erosion protection structures, particularly along the water side of eroding bluffs, shall provide protection of bluff features according to the following standards:
(i)
All erosion protection structures shall be designed and constructed according to general accepted engineering principles found in publications of the U.S. Natural Resource Conservation Service.
(ii)
The construction, modification or restoration of erosion protection structures shall not be likely to cause any measurable increase in erosion at the development site or other locations and prevent adverse effects to natural protective features, existing erosion protection structures, and natural resources such as significant fish and wildlife habitats.
(iii)
Drainage of stormwater shall not cause erosion or siltation, contribute to slope failure, pollute groundwater, or cause damage to, or flooding of property. Drainage systems shall be designed and located to ensure slope stability.
(iv)
Any grading, excavating or other soil disturbance conducted on a steep slope shall not direct surface water runoff over the receding edge during construction.
(v)
There is no reasonable alternative for the proposed regulated development on that portion of the site not containing steep slopes.
F.
Development approval on land located in woodlands and forests (as defined in Section 67-39.1H(5)).
(1)
In addition to information requested in Section 67-39.2A, the application shall include:
(a)
Boundaries of woodland areas, forests, and stands of trees.
(b)
Limits of proposed clearing for right of ways, utility easements, building sites, access roads and drainage areas.
(c)
Method of providing positive drainage in any proposed tree wells or acres where drainage patterns will be modified.
(d)
Proposed grade changes in or around treed areas.
(e)
Determine areas where tree preservation methods are to be intensified or where stands of trees will be left untouched.
(f)
Demonstrate that as much of the original site vegetation, including understory, brush and shrubs, will be preserved.
(2)
Approval criteria. In determining approval, the Borough of Woodstown Planning/Zoning Board shall consider the following:
(a)
Preservation of all trees eight inches or greater. Trees less than eight inches are preserved if such trees have a significant aesthetic value or removal would excessively alter drainage or affect the stability of slopes.
(b)
Protective barriers are installed around trees and understory prior to the start of any development that may adversely affect vegetation.
(c)
Proposed development will not affect soil stability or rate of surface water runoff.
(d)
Existing drainage systems are maintained.
(e)
The natural characteristics of the wooded areas are preserved and maintained by ensuring that forest practice activities such as road and trail construction, timber harvesting, thinning, reforestation, fertilization, prevention and suppression of diseases and insects, salvage of trees and brush control will not have an adverse impact on wooded areas.
G.
Development approval for wildlife and habitat.
(1)
In addition to the information required in Section 67-39.2A, the application shall include:
(a)
The location of the proposed site in relation to critical habitat for endangered, threatened, and regionally declining species.
(b)
The nature and intensity of the proposed use or activity.
(c)
A survey of all wildlife species found on property and the habitat they require to remain viable.
(d)
A description of the nature, density and intensity of the proposed use or activity in sufficient detail to allow analysis of such land use change upon identified wildlife habitat.
(e)
An analysis of the effect of the proposed use or activity upon significant fish and wildlife species and their habitats.
(f)
A plan that explains how the applicant will avoid, minimize or mitigate adverse impacts to fish and/or wildlife habitats created by the proposed use or activity. These mitigation measures may include but are not limited to:
(i)
Establishment of buffer areas;
(ii)
Preservation of critical habitat;
(iii)
Limitation of access to habitat areas;
(iv)
Seasonal restriction of construction activities;
(v)
Clustering of development and preservation of open spaces;
(vi)
Signs marking habitats and habitat buffer areas;
(vii)
Conservation easements.
(2)
Approval criteria. In determining approval, the Borough of Woodstown Planning/Zoning Board shall consider the following:
(a)
Buffer areas are designated and maintained to avoid adverse impacts on wildlife or wildlife habitat as a result of the proposed activity.
(b)
Wildlife corridors will be preserved and maintained to ensure that wildlife migration patterns are not interrupted.
(c)
Ecological processes will be maintained to the greatest extent possible by preserving and maintaining landscape linkages.
(d)
Any adverse impacts to wildlife or wildlife habitat will be minimized or mitigated.
H.
Additional considerations and findings.
(1)
Consideration. In granting or denying approval of any development the Borough of Woodstown Planning/Zoning Board shall consider all relevant facts and circumstances including but not limited to the following:
(a)
The environmental impact of the proposed action. A proposed action that has been determined to create adverse environmental impacts is prohibited.
(b)
The alternatives to the proposed action, including the availability of preferable alternative locations on the subject parcel or any other parcel under the control of the applicant.
(c)
The suitability or unsuitability of the proposed activity to the area for which it is proposed.
(d)
The effect of the proposed activity with reference to the protection or enhancement of the functions of conservation features and the benefits these features provide.
(e)
The availability of further technical improvements, safeguards or other mitigation measures that could feasibly be added to the plan or action.
(f)
The possibility of further avoiding reduction of the critical area's natural capacity to support desirable biological life, prevent flooding, supply water, control sedimentation and/or prevent erosion, assimilates wastes, facilitate drainage and provide recreation and open space.
(2)
Findings.
(a)
Approval will be issued by the Borough of Woodstown Planning/Zoning Board pursuant to this section only if the applicant demonstrates that:
(i)
The proposed development is consistent with the purposes and objectives set forth in this chapter to preserve, protect and conserve conservation features and their ecological connections by preventing to the maximum extent practicable the degradation and destruction of these features.
(ii)
The proposed regulated activity is compatible with public health and welfare.
(iii)
The proposed activity cannot practicably be relocated on the site so as to eliminate or reduce the impacts on conservation areas.
I.
Approval conditions.
(1)
Approval issued pursuant to this section may contain conditions designed to assure the preservation and protection of affected conservation areas, and compliance with the objectives of this law.
(2)
Approval issued pursuant to this section shall contain conditions including the following:
(a)
Work conducted under approval shall be open to inspection at any time, including weekends and holidays, by the Code Enforcement Officer.
(b)
Approval shall expire on a specified date.
(c)
The applicant shall notify the Code Enforcement Officer of the date on which the work is to begin, at least five days in advance of such date.
(3)
Conditions may include but shall not be limited to the following:
(a)
Limitations on the total portion of any lot or the portion of the conservation characteristic on the lot than may be adversely impacted.
(b)
Setbacks for structures, filling, grading, or otherwise modifying a conservation area.
(c)
Modifications to project design to ensure continued protection of an area or specific feature.
(d)
Replanting of vegetation or other necessary restoration activities to replace damaged or destroyed areas.
(e)
Other alterations to the proposed development necessary to protect the natural features of the conservation area.
(4)
Performance guarantees.
(a)
The Borough of Woodstown Planning/Zoning Board may require that, prior to commencement of work under approval issued pursuant to this section, the applicant shall post a performance guarantee in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit. The particular amount and the conditions of the performance guarantee shall be consistent with the purposes of this section. The performance guarantee shall remain in effect until the Code Enforcement Officer certifies in writing that the work has been completed in compliance with the terms of the approval and the performance guarantee is released by the approval Borough of Woodstown Planning/Zoning Board, or until a substitute performance guarantee is provided. In the event of a breach of any condition of any permit, the Borough of Woodstown Planning/ Zoning Board may act to obtain and make appropriate use of the proceeds of the performance guarantee.
(b)
The Borough of Woodstown Planning/Zoning Board shall set forth in writing in the file it keeps regarding an application its findings and reasons for imposing a performance guarantee pursuant to this section.
J.
Penalties for offenses.
(1)
Administrative sanctions.
(a)
Damages. Any person who undertakes any activity regulated by this section without approval issued hereunder, or who violates, disobeys or disregards any provision of this section shall be liable to the Borough of Woodstown for civil damages caused by such violation. Each consecutive day of the violation will be considered a separate offense. Such civil damages may be recovered in an action brought by the municipality at the request and in the name of the Borough of Woodstown Planning/ Zoning Board in any court of competent jurisdiction.
(b)
Restitution. The Borough of Woodstown Planning/Zoning Board shall have the authority to direct the violator to restore the affected conservation area to its condition prior to violation, insofar as that is possible, within a reasonable time and under the supervision of the Code Enforcement Officer. Further, the Borough of Woodstown Planning/Zoning Board shall have the authority to require an adequate performance guarantee in a form and amount deemed necessary by the Borough of Woodstown Planning/Zoning Board to ensure the restitution of the affected conservation area.
(c)
Stop-work order; revocation of permit. In the event that any person having approval issued pursuant to this section fails to comply with any of the conditions or limitations set forth in the approval, exceeds the scope of the activity as set forth in the application or operates so as to be materially detrimental to the public welfare or injurious to a conservation area, the Borough of Woodstown Planning/Zoning Board may suspend or revoke the approval as follows:
(i)
Suspension of approval shall be by a written stop-work order issued by the Code Enforcement Officer and delivered to the permittee. The stop-work order shall be effective immediately, shall state the specific violations cited and shall state the conditions under which work may be resumed. A stop-work order shall have the effect of suspending all authorizations and permits granted by the Borough of Woodstown Planning/Zoning Board. The stop-work order shall remain in effect until the Borough of Woodstown Planning/Zoning Board is satisfied that the applicant has complied with all terms of approval or until a final determination is made by the Borough of Woodstown Planning/Zoning Board as provided in Subsection J(1)(c)(ii) immediately below.
(ii)
Public hearing; notice; determination. (1) No site development approval shall be permanently suspended or revoked until the Borough of Woodstown Planning/ Zoning Board holds a public hearing. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:
[a]
The grounds for complaint or reasons for suspension or revocation.
[b]
The time and place of the hearing to be held.
[c]
Such notice shall be served on the applicant at least one week prior to the date set for the public hearing unless the stop-work order is issued for a violation occurring less than one week before the regularly scheduled public meeting of the Borough of Woodstown Planning/ Zoning Board. At such hearing, the applicant shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. At the conclusion of the hearing, the Borough of Woodstown Planning/Zoning Board shall determine whether approval shall be reinstated, suspended or revoked.
(2)
Other sanctions. Any person convicted of having violated or disobeyed any provision hereof, any order of the Borough of Woodstown Planning/Zoning Board or any condition duly imposed in development approval granted pursuant to this section, for the first offense shall be punished by a fine of not less than $1,000 per day of offense. Each subsequent offense shall be punishable by a fine of not less that two thousand dollars ($2,000) per day. Each consecutive day of the violation shall be considered a separate offense.
K.
Enforcement The Borough of Woodstown is specifically empowered to seek injunctive relief restraining any violation or threatened violation of any provisions hereof and/or to compel the restoration of the affected conservation area to its condition prior to the violation of the provisions of this law.
M.
Inspection.
(2)
The area may also be inspected periodically by the Code Enforcement Officer for compliance with an approved restoration plan, excessive or potentially problematic erosion, hazardous trees, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials.
N.
Conservation area management.
(1)
Management plan.
(a)
Within any identified conservation area district, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by the submission of an approved conservation area management plan.
(b)
The landowner or developer shall submit to the Borough of Woodstown Planning/Zoning Board a conservation area management plan prepared by an ecologist, landscape architect, engineer, or other qualified professional, which fully evaluates the effects of any proposed uses on the conservation area. The management plan shall identify the existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances.
O.
General provisions.
(1)
In order to carry out the proposed provisions hereof, and in addition to the powers specified elsewhere in this section, the following general provisions shall apply:
(a)
Indemnification. The property owner and applicant, by making an application for approval, shall indemnify and hold the Borough of Woodstown harmless against any damage or injury that may be caused by or arise out of any entry onto the subject property in connection with the processing of the application, during proposed work, or within one year after completion of the work.
(b)
Conflicts. Wherever this section is inconsistent with any other law of the Borough of Woodstown, whichever law imposes the more stringent restriction shall prevail.
(c)
Severability. The provisions and subsections of this section shall be deemed to be severable, and the invalidity of any portion of this section by a court of competent jurisdiction shall not affect the validity of the remainder of this section.
(d)
Cease and desist order. The Code Enforcement Officer is authorized to issue a cease and desist order to any landowner, contractor or their agent who is engaged in any activity on the land that may have a significant impact on any critical resources designated in this section. When such an order has been issued, the landowner must not resume the activity until approval has been issued by the Borough of Woodstown Planning/Zoning Board which shall cause the Borough of Woodstown Planning/ Zoning Board to make all the findings, apply all standards and consider all relevant approval criteria as contained in this section.
(e)
Waiver. The Borough of Woodstown Planning/Zoning Board charged with the implementation of these provisions may waive them when reasonable with regard to any development proposal submitted for its approval or any permit requested to which these standards are applicable. The applicant must demonstrate, by presenting clear and convincing evidence, that the application of the particular standard or standards requested to be waived will cause a unique and serious hardship to the applicant. Before such a waiver may be granted, the Borough of Woodstown Planning/Zoning Board must find that the waiver it is granting is the minimum needed to relieve the demonstrated hardship and that the natural resources protected by these standards will be impacted as minimally as possible by the waiver.
P.
Effective date. This section shall become effective immediately upon publishing and posting as required by law.
§ 67-39.3 Inclusionary Residential (IR) District.
[Added 2-28-08 by Ord. No. 2008-2]
A.
Purpose. The IR Zoning District is established to allow for the development of a mix of market and low- and moderate-income housing within the Borough of Woodstown which provides housing opportunities consistent with smart growth principles. The adoption of the IR Zone was conceived in the context of an overall strategy for growth and conservation, with the provision of a higher density development in the IR Zone related to the preservation of lands in the Conservation Overlay Zone.
C.
Permitted accessory uses.
(1)
Off-street parking.
(2)
Common recreational facilities to benefit all residents in a development.
(3)
Detached garages.
(4)
Trash and recyclables enclosures.
(6)
Storage sheds.
(7)
Fences and walls, up to six feet in rear and side yards, not permitted in front yards.
(8)
Signs subject to this chapter.
D.
Bulk and area regulations.
(1)
Bulk and area requirements are as follows:
Semi-Detached twins | Townhouses | |
|---|---|---|
Maximum gross density | 6 du/acre | 10 du/acre |
Minimum tract frontage on public street | 200 feet | 200 feet |
Minimum common open space | 15% | 15% |
Minimum individual lot size | 3,000 square feet per unit | 1,200 square feet per unit |
Minimum lot width for individual lot or unit | 30 feet | Minimum 60% of units 20 feet Remaining may be 16 feet |
Minimum lot depth | 90 feet | 75 feet |
Minimum front yard setback from property line or curbline | 15 feet | 15 feet* |
Minimum side yard setback | 0 feet one side 10 feet one side | 0 feet 10 feet end units |
Minimum rear yard setback | 20 feet | 20 feet or 10 feet where garage access is from the rear and an alley is present |
Maximum lot coverage (individual lots) | 75% | n/a |
Maximum lot coverage (overall tract) | n/a | 60% |
Maximum building height | 35 feet | 40 feet |
Maximum building length | n/a | 8 units or 160 feet |
*Porches, entryways, stairs and other building features may encroach into the front yard area. |
(2)
Parking requirements are as follows:
(a)
The number of spaces per unit shall be consistent with the standards set forth in the New Jersey Residential Site Improvement Standards.
(b)
Parking lots, drive aisles, and new roads must be set back a minimum of 25 feet from county or state roads.
(c)
Parking areas and drive aisles must be set back a minimum of 10 feet from side and rear property lines.
(d)
Structures must be set back a minimum of 10 feet from parking areas, drive aisles and roads.
(e)
A 25 foot wide perimeter buffer is required around the entire tract (roads and access may cross the buffer area in a perpendicular manner and storm water basins may be within 15 feet of the property boundary).
E.
Requirements pertaining to development within the IR Inclusionary Residential Development.
[Amended 10-26-2021 by Ord. No. 2021-12]
(1)
No residential dwelling units shall be constructed with the IR District unless a minimum of 15% of the total number of housing units are subsidized or otherwise made affordable to low- and moderate-income households as defined in § 67-5.
(2)
All affordable housing units must be made affordable and maintained in accordance with the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) and must contain the required restrictive covenants and deed restrictions, inclusionary development (N.J.A.C. 5:93-7), affordability controls (N.J.A.C. 5:93-9), affirmative marketing (N.J.A.C. 5:93-11) and monitoring (N.J.A.C. 5:93-12).[1]
[1]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
(3)
Any bonus units which may result from the creation of rental housing shall accrue to the benefit of the Borough of Woodstown and shall not be used to reduce the applicant's affordable housing obligation.
(4)
All master deeds, covenants, restrictions, easements, homeowners association documents, including bylaws and similar documents shall be subject to the review and approval of the Planning Board and its experts before they are filed, recorded or take effect.
(5)
Presumptive densities and set-asides. To ensure the efficient use of land through compact forms of development and to create realistic opportunities for the provision of affordable housing, the inclusionary zone permits minimum presumptive densities and presumptive maximum affordable housing set-asides as follows. Woodstown Borough is a town center with Planning Area 4; and the inclusionary Residential Zone is intended to foster compact and well-designed development while also providing a means to settle builder's remedy limitation.
(a)
For sale developments in the IR Inclusionary Residential Zone.
[1]
Inclusionary zoning within a sewer service area in a center in Planning Area 4 must permit residential development at a presumptive minimum gross density of six units per acre. The IR Zone permits a maximum density of 10 dwelling units per acre for townhouses and six dwelling units per acre for semi-detached units. The presumptive maximum affordable housing set-aside shall be 20% of the total number of units in the development, but the set-aside required by the ordinance is 15%.
F.
Design standards.
(1)
Spatial relationships between buildings, public and semi-public spaces and other structures should be designed to relate to one another, both functionally and visually. Features such as courtyards, greens, pedestrian and bicycle pathways that tie the site together and connect it to the surrounding area shall be incorporated into the site design. The site design should reinforce street frontages, both existing and new and main entry ways should be emphasized to create a sense of identity. Care should be taken to relate the development to the broader municipal context and identity while also creating a new focal point within the community. The development should enhance a positive sense of community, neighborhood and personal well being for the future residents.
(2)
Conceptual architectural plans shall be submitted at the time of preliminary approval. Elevations referencing specific dimensions and materials shall be submitted prior to final approval.
(3)
The architectural character of each dwelling unit shall be consistent with an overall theme, though variations among individual units are encouraged. The development should reflect the overall character of the Borough of Woodstown, maintaining and enhancing its unique historic and present day role in southern New Jersey as a town center.
(4)
Buildings on corner lots and at a visual terminus shall be considered significant structures and may be designed with additional height and architectural embellishments to emphasize their location. Buildings with two street frontages must be designed with architectural features worthy of the principal facade.
(5)
Sidewalks must be provided throughout the development and pedestrian pathways shall connect to the exterior of the site.
(6)
Streets and internal circulation drives must be connected to each other and to other existing streets to the greatest extent possible.
(7)
A minimum of 50% of the housing units shall have a front porch at least five feet deep.
(8)
No more than 50% of the horizontal width of the first floor on the principal frontage may be consumed by garage doors. Rear garages are encouraged and need not comply with the 50% of horizontal width requirement.
(9)
A minimum of 300 cubic feet of internal storage area with a minimum height of seven feet shall be provided for each unit within the garage.
(10)
Refuse and recycling areas shall be provided and located for the convenience of the residents. The storage area may be inside a garage or storage area, or common collection areas may be established. For storage on individual lots, sufficient space must be available so that garbage and recycling cans are not in the public view on non-collection days. Common collection areas shall consist of an adequately sized masonry enclosure designed consistent with the building architecture, a minimum of six feet in height with gates and a pedestrian access and surrounded by evergreen trees.
(11)
One freestanding monument style sign may be installed to identify the development on each frontage of the tract, set back a minimum of 10 feet from the property line, outside of sight triangles, and a maximum of 12 square feet in area and five feet in height.
(12)
Lighting must be consistent with the borough's colonial lighting standard and designed to provide safety and security at a residential and pedestrian scale.
(13)
In addition to other required landscaping, street trees must be planted along the tracts frontage on county and state roads as well as internal roads. Alleys are not required to comply with this street tree provision.
(14)
The site plan and subdivision plan must comply with all applicable requirements of all county and state agencies with jurisdiction.
§ 67-39.4 Historic District Overlay.
[Added 7-9-2019 by Ord. No. 2019-6]
A.
Any lands located within the Historic District overlay shall be required to abide by the rules and regulations set forth for the underlying zone. In addition, any application shall also comply with all rules and regulations set forth in Article X, Historic Preservation, of the Code of the Borough of Woodstown.
§ 67-40 Prohibited uses.
All uses not expressly permitted in the above Schedule[1] are prohibited, including but not limited to the following:
A.
Junkyards, automobile wrecking or disassembly yards.
B.
Dumping or disposal of waste or scrap material of any kind.
C.
Above-the-ground bulk storage [more than 275 gallons] of petroleum products or any other flammable liquids, solids or gases.
D.
Mobile homes or trailers for human habitation on individual lots. [This prohibition shall not be deemed to preclude prefabricated or movable homes that are to be placed on a permanent foundation and permanently connected to all utilities. Any such premanufactured homes shall be at least 22 feet wide and constructed in accordance with the provisions of N.J.S.A. 40:55D-102. Any such premanufactured homes may only be placed on a separate lot which lot is titled to the owner of the premanufactured home.]
E.
Earth extraction or land mining.
F.
Commercial slaughterhouses.
G.
Intensive fowl or swine farms.
H.
Any use that is noxious or offensive due to odor, dust, smoke, gas, vibration or noise or that constitutes a public hazard due to danger of fire, explosion or the emission in any form of toxic materials.
I.
No horses or farm animals shall be housed or manure stored within 100 feet of a street or property line or permitted on lots less than five acres in size.
J.
Campgrounds.
K.
All classes of "cannabis establishments" (including "cannabis cultivators," "cannabis manufacturers," "cannabis wholesalers," and "cannabis retailers"), "cannabis distributors," and "cannabis delivery services," as such terms are defined in Section 3 of the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (P.L. 2021, c. 16) (the "Act")[2]; all medical cannabis-related land use and development, including but not limited to medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries, and all other "alternative treatment centers" as defined by the Act; and all other cannabis-, medical-cannabis-, and marijuana-related land use and development, whether recreational, medical or otherwise, and whether or not licensed or regulated pursuant to other laws, including but not limited to cannabis, medical cannabis, and marijuana cultivation, production, manufacturing, testing, and sales, provided that the lawful transfer and delivery of cannabis items, medical cannabis items, and cannabis- and medical-cannabis-related supplies to locations within Woodstown Borough by transfer or delivery services that are based outside of Woodstown Borough, and the lawful possession and lawful private use of cannabis-, medical-cannabis-, or other marijuana-related products by persons within Woodstown Borough, shall not be prohibited. The foregoing prohibitions have been enacted in conformance with Section 31.b. of the Act, to become effective prior to the August 22, 2021, deadline established in Section 31.b. of the Act.
[Added 5-11-2021 by Ord. No. 2021-8]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[1]
Editor’s Note: The Schedule is included as an attachment to this chapter.
§ 67-41 Compliance with use regulations required.
No use or occupancy of any dwelling, structure or land shall hereafter be changed to a different use or occupancy and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located, except as hereinafter provided.
§ 67-42 Area regulations.
A.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of the area or to have a narrower or smaller rear yard, front yard, side yard or other open spaces than are herein provided or in any other manner contrary to the provisions of this Part 3, except as hereinafter provided.
B.
Contiguous lots. If two or more lots or combinations of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this Part 3 and if all or part of the lots do not meet the requirements for lot width and area as established in this Part 3, the lands involved shall be considered to be an undivided parcel for the purpose of the Part 3, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this Part 3, nor shall any division of the parcel be made which leaves remaining any lot with width or area less than the requirements stated in this Part 3.
C.
Corner lots. Building setback lines for a corner lot shall be the same as required on the adjoining lot along either block.
D.
Existing lots. A lot failing to meet the district requirements for area or width and which is demonstrated to have been of public record and not of contiguous frontage with other lots in the same ownership at the time of enactment of this Part 3 may be used for a permitted use in the district in which it is located only upon the issuance of a variance by the approving authority after public hearing and a showing by the applicant that he cannot reasonably obtain additional space to meet Part 3 requirements. Any variance granted shall constitute the minimum adjustment necessary to permit the reasonable use of the lot.
E.
Front yard requirement modifications.
(1)
Where a lot has frontage upon a county road proposed for right-of-way widening on the Master Plan or Official Map of the County of Salem, the required front yard depth shall be measured from and parallel to the proposed right-of-way line, measured at a right angle to the closest corner of the structure, unless the existing street line is a greater distance from the road center line.
(2)
Where a lot has frontage on any road where the street line is less than 25 feet, measured at a right angle from the center line of the road, the required front yard depth shall be measured from a line parallel to and at that distance from the center line.
F.
Irregularly shaped lots. In the case of irregularly shaped lots on culs-de-sac or curved street sections, the minimum lot width specified in the Schedule of District Regulations[1] shall be measured at the building setback, provided that in no case shall the distance between side lot lines at the street line be reduced to less than 75% of the minimum lot width requirement.
[1]
Editor's Note: The Schedule is included as an attachment to this chapter.
G.
Overlapping required space. No part of a yard or other open space or off-street parking or loading space required about or in connection with any buildings, for the purpose of complying with this Part 3, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
I.
Uniformity. Within each district, the regulations set forth by this Part 3 shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
J.
Public street frontage. All parcels shall have frontage on a public street.
[Amended 11-23-1993 by Ord. No. 467]
K.
Height extensions. All buildings and structures shall be subject to height limitations specified in the Schedule of District Regulations,[2] except spires, belfries, silos, domes, cupolas, scenery lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses, water tanks, towers, antennas, skylights, bulkheads and similar decorative features and necessary mechanical appurtenances usually carved above roof level, provided that the following requirements are met:
(1)
The total horizontal area covered by such features shall not exceed 20% of the area covered by the principal building. Agriculture buildings shall not be subject to the horizontal area limitation.
(2)
The excess height of any structure shall not be greater than the shortest distance from such structure to any required yard, nor shall the total height exceed twice the building height limitation in the district in which it is located.
(3)
The foregoing do not pertain to radio, television and microwave transmission towers and associated right-of-way widths and properties which are to be determined by standards in the National Electric Safety Code.
[2]
Editor's Note: The Schedule is included as an attachment to this chapter.
L.
Projections. Building projections, including bays, chimneys, cornices and gutters, may extend into required yard areas for a distance not to exceed five feet and shall not be located within 10 feet of any property line.
M.
Minimum gross habitable floor area. The minimum gross habitable floor area for an occupied residential structure is detailed below. These standards are the minimum based upon general welfare and public health considerations. These guidelines shall not supersede any other health, safety or housing guidelines that may relate to square footage requirements as required for the total number of occupants.
[Amended 11-23-1993 by Ord. No. 467]
(1)
A minimum of 500 square feet of habitable floor area is required for an apartment converted from a house in existence as of November 1, 1993.
(2)
A minimum of 750 square feet of habitable floor area for each dwelling unit is required for a new multifamily dwelling.
(3)
A minimum of 960 square feet of habitable floor area is required for a single-family dwelling.
§ 67-43 Nonconforming uses and structures.
[Added 7-24-07 by Ord. No. 2007-10]
A.
Any nonconforming structure or use lawfully existing as of May 12, 1986, may be continued with the following limitations:
[Amended 11-23-1993 by Ord. No. 467]
(1)
A nonconforming use shall terminate upon abandonment at any time, which shall be presumed when the actual conduct of a nonconforming use is discontinued for a period of 12 consecutive months for any reason or is resumed for less than one month within a year. The structure, premises or structure and premises in combination, as the case may be, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(2)
A nonconforming use shall not be enlarged, extended, moved to a different position on the lot or structurally altered in any way, except as may be required for normal maintenance or to prevent damage or injury. A preexisting, nonconforming use in a structure may be changed to a use permitted in the district in which it is located.
(3)
A nonconforming structure shall not be enlarged or altered in a way which increases the nonconformity and shall not be moved any distance whatever unless it will thereafter conform to the regulations of the district in which it is located.
B.
An application may be made to the Zoning Board of Adjustment[1] for relief if a nonconforming structure or use is not permitted to be continued based upon the conditions listed in Subsection A of this section if warranted by hardship or special reasons. Such application shall conform to the procedures listed in § 67-25 of this chapter.
[1]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board of Adjustment was eliminated and its functions combined with that of the Planning Board.
C.
A nonconforming building, wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned, may be reconstructed, repaired, and used for the same nonconforming use, and on the original footprint, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
[Added 7-24-07 by Ord. No. 2007-10]
D.
Applications and plans for such reconstruction and repair to a building as covered by this ordinance, when such building is situated in the borough's designated historic district, shall follow guidelines established by the Historic Preservation Commission that are intended to preserve the integrity of the historic district.