All off-street parking lots shall be landscaped. There shall be at least one tree and one shrub for every 10 parking spaces.
[Amended 9-21-2004 by Ord. No. 0-04-46; 3-18-2008 by Ord. No. 0-08-02]
A. Riparian buffers.
(1) Foundation and intent.
(a) Riparian buffer protection has significant state, regional and municipal support in New Jersey. The State Development and Redevelopment Plan (SDRP, adopted June 1992) calls for the protection and preservation of large, continuous tracts and corridors of open space land which contain important biological resources/networks. Additionally, the SDPR calls for. maintenance of riparian corridor buffers adequate for the protection of water quality, wildlife corridors and opportunities for recreational activities.
(b) State support for stream corridor protection is strengthened by the state stormwater management rules of N.J.A.C. 7:8 and other regulatory programs such as state Freshwater Wetlands Protection Regulations and state Flood Hazard Area Regulations, and by Stream Encroachment Permits, which govern all development activities within freshwater wetland areas, surface waters and flood hazard areas of the state. These regulations are complemented by water quality management initiatives such as areawide water quality management plans, including wastewater management plans, and New Jersey Pollution Discharge Elimination System Regulations which primarily control pollutant input into streams through point sources.
(c) Riparian corridor protection is an essential aspect of the intent and purposes stated under New Jersey Municipal Land Use Law, which is the legal foundation for the municipal planning and zoning process. Riparian buffer protection is critical to protecting the drinking water supply of those who are dependent on vital surface water resources.
(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:
ACTIVITY Any land disturbance, including any development for which an application for development is necessary.
DEPARTMENT New Jersey Department of Environmental Protection (NJDEP).
HYDROLIC UNIT CODE (HUC 14) An estimate for each HUC 14 drainage area containing the total acreage in the municipality of improvements surface and associated future nonpoint source pollutant load, assuming full buildout of the project land uses.
IMPERVIOUS SURFACE Any paved, hardened or structural surface which does not allow for complete on-site infiltration of precipitation. Such surfaces include but are not limited to buildings, driveways, streets, parking lots, swimming pools, darns, tennis courts, concrete pavers, brick pavers and any other structures that meet the above definition.
LAND-DISTURBING ACTIVITY Any grading, scraping, excavating or filling of land, clearing of vegetation, and any other construction or addition to the footprint of a structure.
RIPARIAN BUFFER A special resource protection area that is established along all water designated Category One by the Department and perennial or intermittent streams that drain into or upstream of the Category One water as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC 14 drainage areas.
STREAM (OR WATERWAY) Any perennial stream or river (or portion thereof) that is portrayed as a solid line on a United States Department of Agriculture Soil Survey Map of the most recent edition; and any intermittent stream or river (or portion thereof) that is portrayed as a dashed line on a United States Department of Agriculture Soil Survey Map of the most recent edition; and any lake or impoundment that does not lie entirely within a single parcel of land. For the purpose of this section, this buffer does not apply to man-made stormwater management facilities, farm ponds, foundations and/or ornamental ponds.
TOP OF BANK The upper ridgeline of the confining channel as defined by the Rosgen stream classification method.
(3) Applicability.
(a) For all major subdivisions, minor subdivisions and site plans that are located along C-1 designated streams or waters within the HUC 14 drainage area.
(b) Where a riparian buffer conservation easement has been recorded on a residential parcel, the property owner has the right to the development, redevelopment, or alteration of a single-family home but no disturbance or construction is permitted in the recorded buffer.
(c) Where a riparian buffer easement has not been recorded on a residential parcel, the existing property owner has the right to the development, redevelopment, or alteration of a single-family home and appurtenances where the proposed improvements in the riparian buffer contain less than 10,890 square feet of impervious surface.
(4) Activities and uses.
(a) Activities permitted in riparian buffers. Riparian buffers shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), no altering of watercourses, regrading or construction except for the following activities:
[1] Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures;
[2] Game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures;
[3] Unpaved hiking, bicycle and bridle trails, and public viewing areas;
[4] Fishing areas;
[5] Public parks, roadways or projects;
[6] Stream cleaning and stream rehabilitation work undertaken to improve hydraulics or protect public health;
[7] Culverts as needed, provided that they cross the buffer as directly as practical;
[8] Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practice and approved by the Freehold Soil Conservation District in a manner which will not impede flows or cause ponding of water;
[9] Structures comprising part of an identified regional flood detention project;
(b) Riparian buffer encroachment. Encroachment within the buffer shall only be allowed where previous development or disturbance has occurred (for example: agricultural use, parking area or maintained lawn area). For all major subdivisions, minor subdivisions and site plans, encroachment within the buffer area shall only be allowed where an applicant demonstrates to the Board that the functional value and overall condition of the special resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special resource protection area be reduced to less than 150 feet as measured perpendicular to the top of the bank of the waterway or centerline of the waterway where the bank is undefined.
(c) Prohibited activities. All uses shall be prohibited within a recorded riparian buffer except as permitted in Subsection A(4)(a) and (b) above.
[1] Use of fertilizers, pesticides, or other chemicals by other than a government agency;
[2] Vehicular traffic or excessive pedestrian traffic;
[3] Removal or disturbance of vegetation inconsistent with erosion control and buffering objectives;
[4] Any solid or hazardous waste facilities, including, but not limited to, sanitary landfills, transfer stations, and wastewater lagoons;
[5] Junkyards, commercial and/or industrial storage facilities and open storage of vehicles and materials;
[6] Mining;
[7] Timber harvesting.
(5) Provisions governing activities.
(a) Submission requirements for all new development applications. An applicant for an activity adjacent to or within a riparian buffer shall submit to the municipality a map of the project site delineating the following (at a scale of not greater than one inch equals 100 feet) using the best available information:
[1] State wetland boundary lines and wetland buffer boundary lines;
[2] The riparian corridor buffer boundary and installed monument locations;
[3] Any slope greater than 10% within the site;
[4] The location of all improvements and land disturbance, existing or proposed, to be located within any of the above boundaries;
[5] All plat detail requirements as would otherwise be required for a site plan submission.
(b) Regulations for any activities. Any application for development of activities within the riparian buffer is subject to the following regulations:
[1] The applicant for any activity in a buffer shall rehabilitate any degraded areas within the buffer, in a manner acceptable to the Board or Township Engineer, as the case may be.
[2] The applicant shall also be required to accomplish to the satisfaction of the Township Engineer the following:
[a] Rehabilitate or cure the effects of disturbance caused during construction;
[b] Maintain the integrity of the surrounding habitat;
[c] Maintain the existing ability of the buffer for function appropriately.
[3] The applicant shall provide whatever additional measures are necessary to assure that areas designated as riparian buffers will be preserved and to prevent additional encroachments likely to occur as a result of the approval granted.
[4] The Board, in the case of an application for development, and the Township Engineer, in all other cases, may require conservation easements or deed restrictions assuring there will be no. further intrusion on the buffer than that permitted by the activity approved.
(6) Buffer width.
(a) A three-hundred-foot special resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards, or from the centerline of the waterway where the bank is not defined.
(b) All setback requirements for structures, parking areas, etc., provided for in the Howell Township Land Use Ordinance, shall be measured from the buffer limit.
(c) A deed of conservation easement shall be prepared and recorded. The easement shall be monumented in accordance with this chapter.
(7) Buffer vegetation.
(a) Objectives. Vegetation in the buffer shall consist of plants able to withstand periodic inundation of water after storms, as well as occasional drought during summer months. Plant selection should favor native species that have multiple values such as those suited for fruit, nesting, aesthetics, and tolerance to locally used herbicides. Tree and shrub species which may be alternate hosts to undesirable pests should be avoided. Species diversity should be considered to avoid loss of function due to species-specific pests. All new plantings shall be consistent with existing, healthy plant material.
[1] Approved plants should:
[a] Stabilize the ground from erosion;
[b] Produce shade to reduce pool and ripple warming whenever possible;
[c] Enhance pollutant uptake;
[d] Have very low maintenance since they may be difficult or impossible to access;
[e] Provide food or cover for wildlife;
[f] Be located to reduce pedestrian access to the deeper pools.
(b) NJDEP lists frequently used plant species in a riparian buffer, which include:
Asters (Aster)
Goldenrods (Solidago)
Beebalm (Monarda didyma)
Bergamont (Mondarda Fistulosa)
Lobelias (Lobelia)
Coneflower (Rudebeckia)
Violets (Viola)
Lillies (Lillium)
Primrose (Oenothera)
Milkwort (Polygala)
Flatsedge (Cyperus)
Hollies (Ilex)
Lovegrass (Eragostis)
Spirea (Spirea)
Serviceberry (Amelanchier Arborea)
Nannyberry (Viburnum Lentago)
Sweet Pepperbush (Clethra Alnifolia)
Sweetbay Magnolia (Magnolia)
Hawthorns (Crategus)
Redbud (Cercus Canadensis)
Dogwoods (Comus)
White Ash (Fraxinus Americana)
Green Ash (Fraxinus Pennsylvanica)
Birch (Betula)
Sweetgum (Liquidambar Styraciflua)
American Beech (Fagus Grandifolia)
American Homwood
Red Maple (Acer Rebrum)
The National Resource Conservation Service, USDA, publishes a listing of "Native Plant Guide for Planting Along Streams and Ponds," which is made part of this chapter.
(c) Approval of the use of other plant material and the final design of plant material to be contained within the designated buffer area lies with the Township Engineer, with reference to "Native Plant Guide for Planting Along Streams and Ponds," prepared by the National Resource Conservation Service, USDA, and made part of this chapter.
B. Stream corridor preservation.
(1) Establishment. Stream corridor preservation restrictions on lands contained in the Township of Howell are hereby established.
(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:
STREAM CHANNEL Permanent or intermittent watercourses shown on USGS quadrangle maps, the Monmouth County Soil Survey or other sources as the Planning Board and Zoning Board of Adjustment of the Township of Howell may deem applicable and germane.
STREAM CORRIDOR The stream channel and all lands on either side of the stream channel to a width of 100 feet on either side.
STREAM CORRIDOR AVERAGING The replacing of a curved corridor buffer boundary by a straight line or sequence of joined straight lines so that the total corridor buffer area remains the same.
STREAM CORRIDOR BUFFER An area contiguous with the stream corridor where no permanent structure shall be allowed.
(3) Purpose. The purpose of the stream corridor preservation restrictions are as follows:
(a) Improve the management, care and preservation of waterways and water resources in the Township of Howell.
(b) Protect significant ecological components of stream corridors, including, but not limited to, floodplains, woodlands, steep slopes, wildlife and plant life habitats within stream corridors to prevent flood-related damage.
(c) Complement existing federal, state, regional, county and municipal stream corridor and flood hazard protection, management regulations and plans.
(d) Coordinate the regulation of development within stream corridors in a manner consistent with the Township's other regulatory approaches regarding environmentally sensitive areas.
(e) Reduce the amount of nutrients, sediment, organic matter, pesticides and other harmful substances that reach waterways and subsurface and surface water bodies by using scientifically proven processes, including but not limited to, filtration, deposition, absorption, plant uptake, biodegradation, denitrification and any and all other means now or hereinafter devised and by improving infiltration, encouraging sheet flow and stabilizing concentrated flows.
(f) Regulate land use and development within the Township so that such uses are consistent with the intent of this subsection and the regulations promulgated herein and generally accepted preservation practices.
(g) Preserve natural, scenic and recreation areas within and adjacent to streams and waterways throughout the Township of Howell.
(h) Support the water resource policies of the New Jersey State Development and Redevelopment Plan.
(i) Advance the purposes of the New Jersey Municipal Land Use Law with particular emphases on those items set forth in N.J.S.A. 40:55D-2, Subdivision a, b, d, i and j.
(j) Protect natural drainage features.
(k) Aid in the reduction of flooding.
(4) Reduce development impacts on water quality.
(a) Protect the rights of others within the same waterway areas from the adverse effects of improper stream corridor development.
(b) Provide for potential recreation and wildlife migration corridors throughout the Township for the health, welfare and benefit of the citizens of the Township of Howell, County of Monmouth and State of New Jersey.
(5) Applicability.
(a) The stream corridor preservation restrictions in this subsection shall be applicable to the Township of Howell, including, but not limited to, any and all tracts of land that are the subject of an application for a minor subdivision, major subdivision or site plan that fall, in whole or in part, within a stream corridor and/or stream corridor buffer.
(b) The stream corridor preservation restrictions in this subsection shall also be applicable in the review of any land disturbance in any stream corridor and/or stream condor buffer (or portion thereof), which shall be undertaken as part of the application review by the applicable Land Use Approval Board or municipal agency.
(6) Rules.
(a) Stream corridors shall have a buffer of 100 feet on each side.
(b) No septic system shall be located within any stream corridor or stream corridor buffer, or portion thereof.
(c) On any major subdivision where a stream corridor buffer has been disturbed by prior land use such as agriculture, revegetation of the disturbed area using native tree and plant species is required. The submitted plan must be approved by the Township-certified tree expert.
(d) An approved application for development on a property that contains a stream corridor or stream corridor buffer, or portion thereof, shall provide a conservation easement for the continued protection of the stream corridor or stream corridor buffer, or portion thereof. Any conservation easements made under the provisions of this subsection shall be dedicated to the Township in perpetuity and shall specifically prohibit the erection of any and all structures, including, but not limited to, fences and walls, and shall be in conformance with. all provisions of the Land Use Development and Regulations Ordinance of the Township of Howell. Any conservation easements created under the provisions of this subsection shall be made by deed, which shall be recorded in the Monmouth County Clerk's Office.
(e) Stream corridor buffer averaging may be permitted, provided that the width at all points of the averaged buffer is at least 70% of the width of the stream corridor buffer before such averaging.
(7) Standards and practices.
(a) Permitted activities. Stream corridors and stream corridor buffers shall remain in their natural state with no altering of waterways, regarding or construction or any clearing or cuffing of trees and/or brush, (except for the removal or pruning of dead vegetation for reasons of public safety and welfare as deemed necessary by the Township Engineer) except in the case of the following activities:
(8) Wildlife sanctuaries, woodland preserves and arboretums, excluding enclosed structures;
(9) Game farms, fish hatcheries and fishing reserves operated for the protection and propagation of wildlife, excluding any enclosed structures;
(10) Hiking, bicycle and bridle trails, including bridges and other structures appurtenant thereto;
(11) Trails or pathways, including bridges or other structures appurtenant thereto, constructed and/or maintained by or under the authority of the Township for the purpose of providing access to public recreation areas;
(12) Fishing areas; and
(13) Cultivation of the soil for agricultural or horticultural production, pasture a similar agricultural uses undertaken in accordance with agricultural best management practices to reduce or prevent nonpoint source pollution.
(a) Location of activities on tracts partially within stream corridors and/or stream corridor buffer areas.
(14) All new lots in minor subdivisions, major subdivisions and site plans shall be designated to provide sufficient areas outside of stream corridors and stream corridor buffers to accommodate principal buildings and uses as well as any permitted accessory use; and
(15) The applicable Land Use Approval Board may allow an average stream corridor buffer width of 100 feet from the stream corridor, allowing for reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereupon. The stream corridor buffer width may be reduced to no less than a minimum of 70 feet from the stream corridor, provided that there is an equivalent increase in the width elsewhere on site and that all relevant permits, e.g., stream encroachment, freshwater wetlands and so forth, are obtained from the New Jersey Department of Environmental Protection and any other applicable, federal, state and local agencies.
(a) Permitted activities in stream corridors and stream buffers when there is no reasonable or prudent alternative. In cases where there are no reasonable or prudent alternatives, the following exceptions to the regulations and requirements of this subsection may be permitted by the applicable Land Use Approval Board in a stream corridor or stream corridor buffer when subdivisions or site plans cannot be designed in the manner set forth herein and if the Land Use Approval Board determines that there is no other reasonable or prudent alternative to placement in the stream corridor or stream corridor buffer.
[1] Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, sports or boating clubs, not to include enclosed structures, but permitting piers, docks, floats or shelters customarily associated with developed outdoor recreational areas;
[2] Outlet installation for sewage treatment plants and sewage pumping stations and the expansion of existing sewage treatment facilities;
[3] Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities or pumping facilities;
[4] Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to improve hydraulics or to protect the public health, safety and welfare;
[5] Dams, culverts, bridges and roads, provided that such structures cross the stream corridor directly;
[6] Sanitary or storm sewers;
[7] Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices and approved by the State Soil Conservation District in a manner that will not impede flows or cause ponding of water; and
[8] Stormwater management facilities such as detention basins and outfall facilities.
(b) Prohibited activities. All activities not permitted pursuant to this subsection shall be prohibited. In no circumstances shall the following be permitted as exceptions to any of the provisions contained in this subsection:
[1] Any solid or hazardous waste facilities, including, but not limited to, sanitary landfills, transfer stations and wastewater lagoons; and
[2] Junkyards, commercial and industrial storage facilities and open storage of vehicles and materials.
(c) Provisions governing activities in stream corridors and stream corridor buffers.
[1] The applicant for any activity permitted in a stream corridor or stream corridor buffer shall rehabilitate any degraded areas within the stream corridor or stream corridor buffer in a manner acceptable to the applicable Land Use Approval Board and/or municipal agency.
[a] Rehabilitate or cure the effects of the disturbance caused during construction in a timely manner and using best business and construction practices;
[b] Maintain the integrity and pristine nature of the surrounding habitat; and
[c] Maintain the existing ability of the stream corridor to buffer the affected waterway.
[3] The applicant shall provide whatever additional measures are deemed necessary by the applicable Land Use Approval Board and any federal, state or local agencies or laws to ensure that areas designated as stream corridors and stream corridor buffers will be preserved and to prevent additional encroachments in the stream corridors or stream corridor buffers likely to occur as the result of any approvals granted.
[4] The applicable Land Use Approval Board may also require that conservation easements or deed restrictions ensuring that there will be no further intrusion and/or encroachment on any stream corridor and stream corridor buffer than that permitted by the activity so approved be dedicated to the Township an memorialized by deed and recorded in the Monmouth County Clerk's office.
(16) Submission requirements.
(a) The following information shall be provided for any development on any property containing a stream corridor or stream corridor buffer, or portion thereof, or on any property directly bordering on a stream corridor buffer or portion thereof.
(b) An applicant for an activity in a stream corridor or stream corridor buffer or any portion thereof shall submit to the municipality or applicable Land Use Approval Board a map at a scale of not less than one inch being equal to 100 feet of the proposed project site delineating the following:
[1] The stream corridor(s) and stream corridor buffer(s) boundaries and/or any portions thereof;
[2] Detailed hydrologic engineering studies indicating the effects on drainage, streams and other waterways and water sources, as well as the property in question and any adjacent properties, which should include the necessary data to determine whether the boundaries of the stream corridor and/or stream corridor buffer (or portion thereof) would be affected if the application were granted;
[3] State wetland boundary lines;
[4] Any steep slopes located within the proposed site;
[5] The location of all improvements and land disturbances proposed to be located within any of the aforementioned boundaries;
[6] A plan indicating the disposition of any fill materials proposed to be deposited by the grading or regrading of land;
[7] A plan demonstrating the manner in which suitable techniques, including, but not limited to, erosion and soil stabilization measures, sediment traps and nutrient control by vegetation filters or other mechanisms, will be incorporated to protect the stream; and
[8] If any disturbance is planned to a stream corridor, stream corridor buffer area, or any portion thereof, or if such has been disturbed by prior land use such as agriculture, a revegetation plan shall be provided, subject to the approval of the Township-certified tree expert.
