There is hereby established in the Township of Howell this chapter which shall hereinafter be known as, and may be cited as, the "Howell Township Wetlands Management Code."

The Township Council finds that the accelerating pace of development, including residential, commercial and industrial development, presents a clear and present danger to the environmental integrity of the freshwater wetlands of Howell Township. The Township Council further finds that the preservation of the environmental integrity of the Township's freshwater wetlands is essential to such essential environmental processes and considerations as groundwater recharge and water purification; flood control; nutrient recycling; oxygen production; chemical and nutrient absorption; aquatic productivity; and the maintenance of habitat for numerous plant and animal species, including many species which are rare, threatened or endangered. The Township Council further finds that development of freshwater wetlands has resulted in, or is likely to result in, irreversible environmental harm. The Township Council further finds that the preservation of the Township's freshwater wetlands is essential to the attainment of such human objectives as preservation of our natural and aesthetic heritage, recreational use, including camping, hunting, fishing, scientific research and environmental education.

The purpose of this chapter is to promote the public health, safety and welfare through the preservation of the environmental integrity of the freshwater wetlands of Howell Township.

The following definitions shall govern this chapter:

BUFFER ZONE - Any land, or submerged land, within 75 feet of the boundary of any Howell Township freshwater wetlands.

DEVELOPMENT - Any man-made change to improved or unimproved real property, including, but not necessarily limited to, a division of a parcel into two or more subparcels, the erection of buildings or other structures, mining, dredging, filling, grading, paving, excavation, or clearing of vegetation.

FRESHWATER WETLANDS - Those lands characterized by poorly drained soil, and those lands characterized by seasonal high-water tables at or near the surface, including but not limited to bogs, white cedar swamps, streams, lakes, ponds, lowland pitchpine and springs. In addition to the foregoing the determining factors of a freshwater wetlands area shall be the site-specific presence of predominantly hydraphitic plant, including, but not limited to, the listing currently used by the United States Fish and Wildlife Service, the United States Army Corps of Engineers and the list currently being developed by the New Jersey Department of Environmental Protection, and/or the presence of hydric soils as designated by the United States Fish and Wildlife Service and the Army Corps of Engineers.

PERSON - Any person, firm, partnership, association, corporation company, organization or legal entity of any kind, including municipal corporations, governmental agencies or subdivisions thereof.

PLANNING BOARD - The Howell Township Planning Board.

No development shall occur on any site characterized as a freshwater wetland, or in any buffer zone thereof, except by means of the permit process, as provided for hereinafter.

Roadways, bridges and public utilities transmission distribution lines may be constructed, subject to the permit process, hereinafter established, within the jurisdiction of the Howell Township Planning Board, provided that:

A. There exists no feasible alternate route for the subject structure or roadway, which would not traverse lands designated as freshwater wetlands, or any buffer zone thereof, in the Township of Howell.

B. It is demonstrated, to the satisfaction of the Howell Township Planning Board, following the receipt of the recommendations from the Township Engineer and the Environmental Commission as set forth hereafter, that the proposed construction will not cause an adverse impact on the environment of the freshwater wetland site, or on any buffer zone thereof.

C. It is demonstrated, to the satisfaction of the Howell Township Planning Board, that existing or modified facilities cannot satisfy the public need.

D. All freshwater wetlands that are permitted to be developed shall be replaced on a two-for-one basis within the Township of Howell.

A. Existing agricultural or horticultural activities shall not be regulated by this chapter. However, the agricultural or horticultural use shall not be expanded into freshwater wetlands or buffer zone areas by any means, including, but not limited to, the erection of additional buildings or the commitment of uncultivated land to cultivation, pursuant to the permitting process, hereinafter established.

B. All preexisting commercial or recreational hunting or trapping operations and outdoor recreational activities shall be exempted from the provisions of this chapter, where otherwise legally permitted.

C. Uses accessory to residential or other permitted uses of adjoining lands or waters are permitted, provided that said uses are consistent with the intent and objectives of this chapter.

D. Government uses such as parks, recreational facilities, wildlife sanctuaries, dams, reservoirs, and the accessory uses thereof are permitted.

E. Driveways where alternative means of access are proven unavailable or impractical are permitted.

All uses permitted by this chapter shall be conducted in such a manner as to cause the least possible environmental damage to the freshwater wetlands, and the buffer zones thereof, of the Township of Howell.

All applicants for a permit to do any of the uses prohibited, regulated, or permitted by §§325-5 through 325-7 shall present an original and six copies of the permit application, together with other required information, to the Township land use office. All applications and copies thereof must be accompanied by or include the following information:

A. Name and address of the applicant and the applicant's agent, if any, and a statement as to whether applicant is an owner, lessee, licensee, etc., of the subject property. If applicant is not an owner, the written consent of the owner, duly acknowledged, must be attached.

B. Purposes of proposed operation, use or activity.

C. Description of the area in which the use or activity is proposed, which description shall be by bearing distance based upon accepted map projections. North and east coordinates of the starting point shall be given.

D. Manner in which the use or activity is to be carried out.

A.permit application shall be accompanied by the following documentation (original and six copies):

A. A survey and topographical map with contours shown at one-foot intervals and with the area of activity indicated thereon. The map or maps shall be certified by a New Jersey licensed surveyor or professional engineer, and shall show depth or height or any proposed disturbance activity and deposition area. The horizontal control of survey shall be based upon accepted map projections. The vertical control for elevation and soundings shall be based upon United States Corps of Army Engineers and/or United States Geological Survey data. All maps shall show the names and addresses of all owners of lands contiguous to lands and waters the where proposed disturbance activity will take place.

B. A filing fee of 1% of the estimated cost of the proposed disturbance activity as verified by the Township Engineer, but in no case less than one $100.

This chapter does not obviate the necessity for the applicant to obtain the approval or any permit required by any other governmental body or agency before proceeding with operations. Approvals or permits which may be required are the sole responsibility of the applicant. No operation, use or activity shall be initiated by the applicant under this chapter until such other approvals permits as may be required are issued.

A. The land use office shall retain the original permit application, once complete, and one complete copy each shall be distributed to the Township Engineer and Environmental Commission who shall make recommendations as to the granting or denying of the application within 45 days of the submission of the application to each of them.

B. With the concurrence of both the Township Engineer and Environmental Commission, the land use officer may issue a permit for permitted uses under § 325-7 hereof or where the application for development involves a minor site plan and/or minor subdivision application under Chapter 188, Land Use, before the Planning Board. All applications involving major site plan and/or major subdivision approval, or for prohibited or regulated uses, and all other applications where there is not the joint concurrence of the Township Engineer and Environmental Commission shall be referred to the Planning Board for action as to the issuance or denial of a permit.

Subsequent to the receipt of the reports as required under § 325-12 hereof and upon 10 days' prior notice published in an official newspaper of the Township of Howell in a form and manner approved by the Planning Board, the Planning Board shall hold a public hearing on the permit application unless said permit application is made in conjunction with a major site plan and/or subdivision application, in which event publication of the notice of the public hearing for the proposed site plan and/or subdivision proceeding shall be sufficient. The Planning Board shall, within 30 days of the conclusion of the public hearing, as to permit application, render a decision to deny, approve, or approve with conditions the permit application, and in so doing shall state, in writing, its findings of fact and conclusions. The decision shall be transmitted by the land use office to the applicant.

The permit shall indicate the nature of the operation, use or activity approved and any conditions imposed and shall be issued in accordance with the procedure as hereinabove described and upon the following conditions:

A. Payment of a permit fee of $75.

B. The filing with the Township of a performance bond in an amount and with sureties and in a form approved by the Township Attorney in accordance with Article VII of Chapter 188, Land Use. The bond and surety shall be conditioned on compliance with all provisions of this chapter and any conditions imposed in the permit approval.

C. The submission to the Township of an agreement which indemnifies and saves harmless the Township or any agency or agent thereof from any claims arising out of or connected with operations, uses or activities under the permit, and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees, in a form satisfying to the Township Attorney. The requirements of this subsection may be met under Subsection B hereof.

Any violation of any provision of this chapter, or the terms or conditions contained in any permit issued hereunder, shall, upon conviction thereof, be punishable by fine of not more than $500 or imprisonment for not more than 30 days, or both. Each day of such violation shall constitute a separate offense. The provisions of this chapter may be enforced by the Code Enforcement Officer. Any unauthorized disturbance of any wetlands shall be restored on a two-for-one basis. This restoration or creation shall be started within a thirty-day period of formal written notification and completed within one year thereafter.