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ORDINANCE 2005-15 (3)ORDINANCE 2005 -15 ORDINANCE AMENDING ORDINANCE 76 -71, AS AMENDED, ENTITLED "THE TOWNSHIP OF CHERRY HILL ZONING ORDINANCE" ARTICLE XXII -A- STREAM BUFFER CONSERVATION ZONE BE IT ORDAINED by the Township Council of the Township of Cherry Hill in the County of Camden, State of New Jersey, that: Section 1. Article XXII -A, entitled "Stream Buffer Conservation Zone" is hereby added as follows to Ordinance 76 -71, The Zoning Ordinance of the Township of Cherry Hill: ARTICLE XXII -A STREAM BUFFER CONSERVATION ZONE - SECTION 2201 -A. LEGISLATIVE INTENT In recognition of the fact that natural features contribute to the welfare of residents, the following regulations have been enacted to provide reasonable controls governing the restoration, conservation, disturbance, and management of existing stream buffers for all perennial and intermittent streams and all lakes and ponds in the municipality by establishing designated Stream Buffer Conservation Zones. For the purposes of this ordinance the following definitions shall apply: • Stream - a natural watercourse containing flowing water for at least part of the year. • Perennial stream - a stream that flows continuously throughout the year in most years. • Intermittent stream - a stream with a drainage area of 50 acres or greater. In addition, the specific purposes and intent of this article are to: Reduce the amount of nutrients, sediment, organic matter pesticides, and other harmful substances that reach watercourses, wetlands, subsurface and surface water bodies by using scientifically - proven processes including filtration, deposition, absorption, adsorption, plant uptake, biodegradation, de- nitrification and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows. 2. 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. 3. Regulate the land use, silting and engineering of all development to be consistent with the intent and objectives of this ordinance, accepted conservation practices, and to work within the carrying capacity of existing natural resources. 4. Assist in the implementation of pertinent state laws concerning erosion and sediment control practices. 5. Conserve the natural features important to land and water resources (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, wetlands, woodlands, prime wildlife habitats) and other features constituting high recreational value or containing amenities that exist on developed and undeveloped land. 6. Work with floodplain, steep slope, and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and Stream features. Page 1 7. Conserve natural, scenic, and recreation areas within and adjacent to Stream areas for the community's benefit. SECTION 2202 -A. DEFINITIONS, ESTABLISHMENT, AND WIDTH DETERMINATION OF THE STREAM BUFFER CONSERVATION ZONE Definition - The Stream Buffer Conservation Zone is defined as: Areas surrounding municipally designated surface water bodies, including creeks, lakes and intermittent watercourses that intercept surface water runoff, wastewater, subsurface flow, and /or deep groundwater flows from upland sources and function to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. This area may also provide wildlife habitat, control water temperature, attenuate flood flow, and provide opportunities for passive recreation. This buffer area may or may not contain trees and other native vegetation at the time of ordinance enactment. 2. Establishment A. The establishment of the Stream Buffer Conservation Zone applies to the following areas which are identified on the municipal Stream buffer map: 1. Lands adjacent to municipally designated streams within the municipality. 2. Lands adjacent to municipally designated intermittent water courses within the municipality. 3. Lands at the margins of municipally designated lakes. B. The measurement of the Stream Buffer Conservation Zone shall extend a minimum of 75 feet from each defined edge of an identified watercourse or surface water body at bankfull flow or level, or shall equal the extent of the 100 year floodplain, whichever is greater. The District will consist of two distinct zones designated as: 1. Zone One: This zone will begin at each edge of an identified waterway (which can include wetlands and intermittent watercourses) and occupy a margin of land with a minimum width of 25 feet measured horizontally on a line perpendicular to the edge of water at bankfull flow. a. Where steep slopes (in excess of 25 percent) are located within 25 feet of a municipally designated watercourse, Zone One shall extend the entire distance of this sloped area. If the distance of this sloped area is greater than 75 feet, there will be no requirement for the establishment of Zone Two. If the distance is less than 75 feet, the width of Zone Two will be adjusted so that the total buffer width (Zone One and Zone Two) will be 75 feet maximum. 2. Zone Two: This zone will begin at the outer edge of Zone One and occupy a minimum width of 50 feet in addition to Zone One. a. Where the 100 -year floodplain extends greater than 75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the 100 -year floodplain. Page 2 b. Width Determination. The developer, applicant, or designated representative shall be responsible for the initial width determination of the stream buffer and identifying this area on any plan that is submitted to the municipality for subdivision, land development, or other improvements that require plan submissions or permits. This initial determination shall be subject to review and approval by the municipal engineer, governing body, or its appointed representative. SECTION 2203 -A. USES PERMITTED IN THE STREAM BUFFER CONSERVATION ZONE The following uses are permitted, either by right or after review and approval by the municipality in the Stream Buffer Conservation Zone. However, within any buffer, no construction, development, use, activity, or encroachment shall be permitted unless the activity is described in the Stream Buffer Management Plan, as outlined in Section 2208 -A (A) (1). A. Zone One 1. Uses Permitted by Right Open space uses that are primarily passive in character shall be permitted to extend into the area defined as Zone One, including: a. Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation in compliance with the guidelines of the Stream Buffer Management Plan. b. Stream bank stabilization in compliance with the guidelines of the Stream Buffer Management Plan. 2. Uses Requiring Municipal Review and Approval a. Buffer crossings by farm vehicles and livestock, recreational trails, roads, railroads, centralized sewer and/ or water lines, and public utility transmission lines, and public utility transmission lines provided that any disturbance is offset by buffer improvements identified in the Stream Buffer Management Plan. B. Zone Two 1. Uses Permitted by Right The following uses which are primarily passive in character shall be permitted by right to extend into the area defined as Zone Two: a. Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails. b. Reforestation in compliance with the guidelines of the Stream Buffer Management Plan. c. Minimum required front, side, and rear yards on private lots, provided that no yard may extend into Zone Two more than half the distance between the outer boundaries of Zone One and Zone Two. d. Agricultural uses existing at the time of adoption of this ordinance. 2. Uses Requiring Municipal Review and Approval a. New agricultural uses. Page 3 b. Buffer crossings by farm vehicles and livestock, roads, railroads, centralized sewer and /or water lines, and public utility transmission lines provided that any disturbance is at a minimum, offset by buffer improvements identified in the Stream Buffer Management Plan. c. Centralized sewer and /or water lines and public utility transmission lines running along the buffer, provided that any disturbance is, at a minimum, offset by buffer improvements identified in the Stream Buffer Management Plan. These lines shall be located as far from Zone One as practical. d. Selective cutting of trees when removal is consistent with approved standards in the Stream Buffer Management Plan. e. Areas such as camps, campgrounds, picnic areas and golf courses. Active recreation areas such as ball fields, playgrounds, and courts provided these uses are designed in a manner that will not permit concentrated flow. f. Naturalized storm water basins in compliance with the guidelines in the Stream Buffer Management Plan. The entire basin shall be located a minimum of 50 feet from the defined edge of identified watercourses. SECTION 2204 -A. USES SPECIFICALLY PROHIBITED IN THE STREAM BUFFER CONSERVATION ZONE Any use or activity not authorized within Section 3 shall be prohibited within the Stream Buffer Conservation Zone. By way of example, the following activities and facilities are specifically prohibited: A. Clear- cutting of trees and other vegetation. B. Selective cutting of trees and /or the clearing of other vegetation within Zone One, except where such clearing is necessary to prepare land for a use permitted under Section 2203 -A.A. and where the effects of these actions are mitigated by re- vegetation, as specified under Section 2208 -A. C. Selective cutting of trees and /or the clearing of other vegetation within Zone Two, except where such clearing is necessary to prepare land for a use permitted by Section 2203 -A.B. and where the effects of these actions are mitigated by re- vegetation, as specified under Section 2208 -A. D. Removal of trees in excess of selective cutting, except where such removal is necessary as a means to eliminate dead, diseased, or hazardous tree stands that jeopardize public safety or as part of a reforestation project, provided that the removal is in compliance with a Stream Buffer Management Plan approved by the municipal engineer, governing body, or its appointed representative. E. Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and buffer protection. F. Storage of any hazardous or noxious materials. G. Use of fertilizers, pesticides, herbicides, and /or other chemicals in excess of prescribed industry standards or the recommendations of the Camden County Conservation District. H. Roads or driveways, except where permitted as buffer crossings in compliance with Sections 2203- A.A.2.(a) or 2203- A.B.2.(b). I. Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume. Page 4 J. Parking lots. K. Any type of permanent structure, including fences, except structures needed for a use permitted in Section 2203 -A. L. Subsurface sewage disposal areas. M. Sod farming. SECTION 2205 -A. NONCONFORMING STRUCTURES AND USES IN THE STREAM BUFFER CONSERVATION ZONE Nonconforming structures and uses of land within the Stream Buffer Conservation Zone shall be regulated under the provisions of Article XXIX of the Cherry Hill Township Zoning Ordinance (existing nonconformance regulations). The following additional regulations also shall apply: A. Existing nonconforming structures or uses within Zones One or Two that are not permitted under Section 2203 -A may be continued but shall not have the existing building footprint or uses expanded or enlarged. B. Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the Stream Buffer Conservation Zone, as measured against the intent and objectives under Section 2201 -A, than the existing or former nonconforming use. C. This one year time frame shall not apply to agricultural uses which are following prescribed Best Management Practices for crop rotation. SECTION 2206 -A. BOUNDARY INTERPRETATION AND APPEALS PROCEDURE A. When a landowner or applicant disputes the Zone (One or Two) boundaries of the stream buffer or the defined edge of a watercourse, surface water body, the landowner or applicant shall submit evidence to the municipality that describes the boundary, presents the landowner or applicant's proposed boundary, and presents all justification for the proposed boundary change. B. The municipal engineer, governing body or appointed representative shall evaluate all material submitted and shall make a written determination within 45 days, a copy of which shall be submitted to (the governing body, municipal planning board), and landowner or applicant. C. Any party aggrieved by any such determination or other decision or determination under this section may appeal to the (municipality) under the provisions this ordinance. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal. SECTION 2207 -A. INSPECTION OF STREAM BUFFER CONSERVATION ZONE A. Lands within or adjacent to an identified Stream Buffer Conservation Zone-will be inspected by the municipal representative when: 1. A subdivision or land development plan is submitted. 2. A building permit is requested 3. A change or resumption of nonconforming use is proposed. B. The district may also be inspected periodically by the municipal representatives for compliance with an approved restoration plan, excessive or potentially problematic erosion or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials. Page 5 SECTION 2208 -A. MANAGEMENT OF THE STREAM BUFFER CONSERVATION ZONE A. Stream Buffer Management Plan - Within any municipally identified buffer area, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by implementation of an approved Stream Buffer Management Plan, as specified within the Subdivision and Land Development Ordinance. The landowner or developer shall submit to the municipal engineer, governing body, or its appointed representative, a Stream Buffer Management Plan prepared by a landscape architect, professional engineer or other qualified professional who fully evaluates the effects of any proposed uses on the Stream Buffer Conservation Zone. The Stream Buffer Management Plan shall identify the existing conditions (vegetation, 100 -year floodplain, soils, slopes, etc.), all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to the Stream Buffer Conservation Zone. The plan shall be approved by the municipal engineer, governing body, or appointed representative as part of the subdivision and land development process. SECTION 2209 -A. VEGETATION SELECTION To function properly, dominant vegetation in the Stream Buffer Management Plan shall be selected from a list of plants most suited to the stream buffer. Plants not included on the lists may be permitted by the municipal engineer, governing body, or its appointed representative when evidence is provided from qualified sources certifying their suitability. The municipality may require species suitability to be verified by qualified experts in the Camden County Conservation District, Natural Resources Conservation Service, NJ Department of Environmental Protection, the U.S. Fish and Wildlife Service, or state and federal forest agencies. In Zone One, dominant vegetation shall be composed of a variety of native stream tree, shrub species, tall grasses and appropriate plantings necessary for stream bank stabilization. 2. In Zone Two, dominant vegetation shall be composed of stream trees and shrubs, with an emphasis on native species and appropriate plantings necessary to stabilize the soil. 3. Disturbed areas shall be re- vegetated with stream buffer plants, in compliance with an approved Stream Buffer Management Plan. 4. Areas that cannot be re- vegetated shall be restored in compliance with an approved Stream Buffer Management Plan Section 2. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency only. Section 3. This ordinance shall become effective twenty days after passage and publication as required by law. Page 6 INTRODUCED: AUGUST 8, 2005 ADOPTED: SEPTEMBER 12, 2005 Arcll-� IX 6�� BERNARD A. PLATT MAYOR COUNCI PRESIDENT ATTEST: ;E ,r NANCY L. SAFFOS, RMC TOWNSHIP CLERK Page 7 COUNCIL AGENDA SUPPLEMENTAL INFORMATION SHEET COUNCIL ACTION REQUESTED: ORDINANCE ACTION NEEDED BY: DETAILED EXPLANATION OF REQUEST:_ THIS ORDINANCE PART ONE OF TWO ORDINANCES TO IMPLEMENT THE STORM WATER MANAGEMENT MASTER PLAN AS ADOPTED BY THE PLANNING BOARD ON JUNE 2005. THE STORM WATER MANAGEMENT MASTER PLAN INCLUDED A RECOMMENDED ORDINANCE TO ADOPT BY TOWNSHIP COUNCIL TO CREATE A STREAM BUFFER PROVISION IN THE ZONING ORDINANCE AND A COMPANION ORDINANCE TO REGULATE THE CONSTRUCTION AND MAINTENANCE OF STORM WATER MANAGEMENT FACILITIES IN THE TOWNSHIP. INITIATED AND APPROVED BY: DAVID BENEDETTI, CD DIRECTOR Full= :101 02 3�161 MAYOR BERNIE PLATT JULY 13, 2005 JULY 2005 Page 8 TOWNSHIP OF CHERRY HILL PLANNING BOARD RESOLUTIONS REGARDING THE CHERRY HILL STORMWATER MANAGEMENT PLAN AND STORMWATER POLLUTION PREVENTION PLAN WHEREAS, pursuant to the Municipal Land Use Law, N.J.S.A. 4O:55D -28, the Planning Board is given the exclusive authority to prepare and adopt a Master Plan for the Township of Cherry Hill. Said Master Plan is designed to be a guide for the use and development of lands within the Township. WHEREAS, after a- public hearing held on June 6, 2005, the following initial findings of fact were made, to wit: 1. In 1972, the United States Congress amended the Federal Water Pollution Control Act (Clean Water Act) which, in part, provided for and established a goal of making this nation's water suitable for the propagation of fish, aquatic and wildlife, recreational purposes and for the use of the waterways for the public water supply, agricultural, industrial and other purposes. 2. In 1987, Congress again amended the Clean Water Act to require the implementation of a comprehensive national program to address storm water discharges. This was to be accomplished in two (2) phases. Phase I was promulgated in November 1990 and required permits for storm water discharge from priority sources including municipal storm water systems generally serving populations of 100,000 or more as well as other categories. Phase II of the program became effective in February 2000 and expanded the program to include discharges from smaller municipalities in urbanized areas. 3. As a result of the Phase II rules, the New Jersey Department of Environmental Protection (DEP) developed the Municipal Storm Water Regulation Program (Program) to address pollutants entering waters from storm drain systems owned or operated by local, county, state, interstate or federal agencies. This Program was implemented through four (4) types of permits, a Tier A permit, a Tier B permit, a Public Complex permit and a Highway permit. 4. The Township of Cherry Hill is considered a Tier A municipality under New Jersey regulations. The regulations for Tier A permits were issued in February 2004 and became effective March 3, 2004. The Township of Cherry Hill was required to submit a request for authorization on April 1, 2004. 5. The State regulations require that Tier A municipalities adopt a municipal storm water management plan in accordance with the regulations within twelve (12) months or on or before April 1, 2005. 6. The Tier A permit regulation outlined the specific requirements imposed upon Cherry Hill, including but not limited to, a pollution prevention plan to be signed and Page 9 certified and to be kept on file within the municipality for inspection by DEP. The Pollution Prevention Plan anticipates that there will be changes throughout the year and that these changes will be tracked by the municipality. 7. The Tier A permit requires the municipality to adopt improper disposal of waste ordinances to prevent pollution from entering inlets and streams within the municipality by October 1, 2005. These ordinances include pet waste, litter control, improper disposal of waste, wildlife feeding, yard waste and elicit connection ordinances. 8. The Tier A permit requires the Township to file annual reports and certifications to NJDEP by May 2, 2005 and every twelve (12) months thereafter. 9. The Tier A permit requires the Township to adopt storm water management ordinances which include the exact storm water management design standards for development and redevelopment. These ordinances must be reviewed by Camden County and must conform to the Cooper River Regional Storm Water Management Plan Guidance Document dated May 2004. 10. The Storm Water Management Plan is to be included as a part of the Cherry Hill Master Plan and a public hearing must be held to include the Storm Water Management Plan as part of the Cherry Hill Master Plan. 11. By April 1, 2006, the adoption of the Storm Water Management Plan is to be followed by the adoption of the Storm Water Management Ordinances. WHEREAS, to accomplish the foregoing, a properly advertised notice and publication of a meeting of the Cherry Hill Planning.Board was provided consistent with the Municipal Land Use Law and Open Public Meetings Act. WHEREAS, the Planning Board marked into evidence as Exhibit PB -1 the Report dated June 6, 2005 issued by Environmental Resolutions, Inc. regarding the Municipal Storm Water Management Plan and Storm Water Pollution Prevention Plan which included an Appendices of maps indicating existing conditions, ground water recharge and wellhead protection areas, soil types, land use - wetlands designations, HUC -14 delineation, New Jersey's watershed management areas, flood prone areas and AMNET and stream quality monitoring stations as well as sample storm water ordinances and stream buffer ordinances. WHEREAS, the Planning Board considered the comments and questions of the Planning Board members and members of the public. WHEREAS, from the testimony and evidence presented and based on the entire record, the following further findings of facts and conclusions of law were made: 1. All of the initial findings of facts set forth in Paragraphs 1 - 11 are hereby incorporated by reference as further findings of facts and conclusions of law. 2. The Cherry Hill Planning Board retained the services of Kevin Becica, PE, PP, CME of Environmental Resolutions, Page 10 Inc. to prepare a comprehensive report for the Planning Board with regard to a Municipal Storm Water Management Plan and Storm Water Pollution Prevention Plan (Report). 3. A draft of said Report dated April 4, 2004 of the Municipal Storm Water Management Plan and Storm Water Pollution Prevention Plan was submitted to the Planning Board for review. A final version of the Municipal Storm Water Management Plan and Storm Water Pollution Prevention Plan Report was to the Planning Board on May 23, 2005 for consideration at the public hearing held on June 6, 2005. 4. The Report.issued by Ms. Becica of Environmental Resolutions, Inc. detailed the regulations promulgated by the Federal and State governments which impact Cherry Hill Township; specified the goals of the Cherry Hill Municipal Storm Water Management Plan; provided a discussion of storm water management issues; provided an explanation of the Cooper River Watershed Management Plan; provided a description of the demographics of Cherry Hill Township; provided an explanation of the design and performance standards required; included an evaluation of the Cherry Hill Master Plan as well as a land use /build out analysis; provided a description of a mitigation plan and provided an appendix which included maps and attachments of sample ordinances, regulations and related documents. S. Ms. Becica testified with regard to the new regulations as they relate to water quality, quantity and recharge as well as the proposed mitigation plan, Storm Water Management Plan, Storm Water Management Ordinance and Stream Buffer Ordinance. 6. Ms. Becica testified that any applicant who previously received preliminary and final site plan and /or subdivision approval from the Planning Board is not required to comply .with the terms of either the Storm Water Management Ordinance or Stream Buffer Ordinance, assuming said Ordinances are adopted by Township Council. 7. Notice of the public hearing held in this matter was provided by publication in the official newspapers of the Township and notice pursuant to the statute was provided consistent with the Municipal Land Use Law and the Open Public Meetings Act. 8. Consistent with due process, all persons whose interests were directly effected were given the opportunity to be heard by the Planning Board. 9. The Report issued by Environmental Resolutions, Inc. dated June 6, 2005 was made available for public inspection at least ten (10) days before the hearing date. 10. Said Report contained all of the elements required by the Municipal Land Use Law and all relevant regulations concerning the Municipal Storm Water Management Plan and Page 11 Storm Water Pollution Prevention Plan. Said Report set forth in detail the specific goals and objectives of said Plan and included proposed ordinances to be recommended to Township Council. NOW, THEREFORE, based upon the foregoing findings of facts and conclusions of law, including all of the testimony and evidence submitted to the Planning Board by its experts, the public and all interested parties and for the reasons set forth on the record in this matter; by a vote of seven (7) in favor and none opposed; BE IT RESOLVED by the Planning Board of the Township of Cherry Hill, New Jersey as follows: 1. The Environmental Resolutions, Inc. Report dated June 6, 2005 with regard to the Municipal Storm Water Management Plan and Storm Water Pollution Prevention Plan including all of the recommendations contained therein is hereby adopted in full by the Planning Board. 2. The Storm Water Management Plan contained in the Report is approved in its entirety and shall be made a part of the Master Plan of the Township. Said Plan meets the goals and objectives of Cherry Hill Township as set forth in said Plans and as required by statute. BE IT FURTHER RESOLVED by the Planning Board of the Township of Cherry Hill that pursuant to the Municipal Land Use Law and all other relevant statutes, ordinances and regulations, that the Cherry Hill Planning Board hereby recommends to Cherry Hill Township Council that Council adopt an appropriate Storm Water Ordinance in order to implement the provisions of the Storm Water Management Plan as a requirement of N.J.A.C. 7:8- 4.1(c)12. BE IT FURTHER RESOLVED by the Planning Board of the Township of Cherry Hill, New Jersey that pursuant to the Municipal Land Use Law and all other relevant statutes, ordinances and regulations, that the Planning Board hereby recommends to Cherry Hill Township Council that Council adopt an appropriate Stream Buffer Ordinance to comply with the relevant statutes and regulations. DATED: July 5, 2005 PLANNING BOARD OF THE TOWNSHIP OF CHERRY HILL By: DAVID BENEDETTI, PLANNING BOARD ADMINISTRATOR Page 12