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Ordinances

TOWNSHIP OF VERNON
ORDINANCE #06-11

AN ORDINANCE AMENDING THE VERNON TOWNSHIP ADMINISTRATIVE CODE TO REPLACE SECTION 330-83 RELATING TO ENVIRONMENTALLY SENSITIVE AREAS

BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex and State of New Jersey as follows:

1. Section 330-83 of the Township Administrative Code shall be replaced in it’s entirety by the following language:

Ҥ 330-83. Environmentally sensitive areas; minimum improvable area.
A. Rationale and purpose.
(1) Certain lands are not suitable for development. All such lands shall be and are hereby known as "environmentally sensitive areas" ("ESAs") and shall not be disturbed for any development except as and only to the extent permitted by the Planning or Zoning Board. The ESA’s are identified in the list below. It is the expectation of the Township that the protections of this section, together with minimum lot sizes as provided pursuant to Article XI and Schedule B thereto,iEN will prevent the disturbance and development of ESA’s to the benefit of the Township's citizenry and natural environment.

ENVIRONMENTALLY SENSITIVE AREAS
• Wetlands, lakes, ponds and their buffers, as determined by NJDEP.

• Floodplains, stream encroachment boundaries, and their buffers as established by NJDEP.

• Streams, brooks, rivers and their associated stream buffer conservation zone as established by either Vernon Township or NJDEP, whichever is greater.

• Areas with a seasonal high water table less than 2 feet from the surface, as established by the Sussex County Soil Survey. Site specific soil testing in the field will be considered in lieu of the soil survey if witnessed by and acceptable to the Township Engineer and/or Health Officer.

• Areas with ledgerock less than 4 feet from the surface, as established by the Sussex County Soil Survey. Site specific soil testing in the field will be considered in lieu of the soil survey if witnessed by and acceptable to the Township Engineer and/or Health Officer.

• Slopes that exceed 18 %.
Construction within slopes > 18 % is strongly discouraged, and shall be avoided to the greatest extent possible, but may be approved by the Planning or Zoning Board with due cause shown, as follows:

Slopes between 18 % and 21 % may be applied at the rate of one-half (0.50) for the purpose of calculating the minimum improvable area (MIA) below. In addition, slopes between 21 % and 24 % may be applied at the rate of one-third (.33).

For example, a 20,000 s.f. site contains a variety of slopes, and the minimum improvable area requirement is 9,000 s.f. The site is evaluated with a slope analysis, as follows:

Additional site protection measures shall be incorporated into the design, including but not limited to the use of block or rubble retaining walls, supplemental soil erosion and sediment control techniques, and phased construction to limit the amount of disturbed area at any one time. The additional site protection measures must be presented with and documented on the site or subdivision plans, and are subject to the review and approval of the Planning or Zoning Board and their professionals.

(2) It is also the purpose of this section to insure that no lot be created for residential purposes and no site be developed for non-residential purposes pursuant or subject to this chapter which does not provide reasonably ample contiguous land to form an envelope in which to locate a principal building, a private well and subsurface sewage disposal systems, driveways, parking areas, yards sufficient in size for normal use and enjoyment, and which is otherwise suitable and reasonably improvable for its intended purposes.

In the case of residential properties, no new lot shall be created until the ESA’s have been identified and evaluated by the Board and their Professionals, and the applicant has demonstrated that the minimum improvable area can be met as required below.

In the case of non-residential properties, the applicant shall identify the ESA’s on the plans, and avoid any disturbance to said areas to the greatest extent possible when designing the site plans. If the applicant cannot comply with the Minimum Improvable Area requirements for residential properties, or proposes to disturb ESA’s on non-residential properties, the applicant shall apply for a waiver from either the Planning or Zoning Board, depending on which Board is hearing the application. The Board and their Professionals shall review the proposed impact to ESA’s and may require the design be modified so as to reduce or eliminate the impact to ESA’s, at the Board’s discretion.

B. Prohibition against disturbance and development. No ESA as described in Subsection A of this section shall be disturbed, improved or developed in any manner for any use without the express approval of the Planning or Zoning Board for good cause shown or without the approval of New Jersey Department of Environmental Protection or other governmental agency in connection with such agency's jurisdiction and powers concerning one or more of the subjects of this section.

C. In designing a lot or lots, or a site for development, any lot or site proposed for development which would fail to satisfy the requirements of this section shall not be approved, disturbed, improved or developed unless authorized by the Planning or Zoning Board. Where a waiver is not granted by the Planning or Zoning Board, such lot or lands expected to be developed shall instead be annexed to and become contiguous with such adjacent lands to such an extent as shall appear necessary and appropriate to establish a lot which satisfies this section and chapter. Alternatively, the developer may and is encouraged to conserve such lot or lands in accordance with Subsection E of this section or as otherwise determined by the Planning or Zoning Board. iiEN

D. Conservation of fault areas or areas underlain by certain carbonate bedrock formations. Lands known and expected to be subject to faults, subsidence, sinkholes, or underlain by carbonate bedrock formations, the conditions of which cannot be reasonably remediated, shall not be disturbed or developed unless authorized by the Planning or Zoning Board. The Planning or Zoning Board may grant approval for disturbance or development in such areas after hearing expert testimony from a Professional Geologist and after presentation and acceptance of a remediation plan by the Board’s professionals.

E. Conservation easements. The Planning or Zoning Board may require that a conservation easement or other protective or restrictive covenant be conveyed to enforce this section, as contemplated in § 330-200 or as otherwise appearing appropriate.

F. Minimum improvable area.
(1) Every residential lot to be created, in addition to the other regulations contained in this section, be subject to the requirement that such lot can and will produce a minimum improvable area in accordance with Table 7.2. For purposes of construing this subsection, "minimum improvable area" shall mean that contiguous area produced by and which satisfies all principal setback and bulk requirements of this chapter, and which is not constrained or intruded upon by one or more environmentally sensitive features or components of an ESA as provided in this section, together with such other contiguous land areas as are necessary for useful yards, accessory uses, structures and appurtenances as are normally incident to the principal use and structure, subject to the pertinent limitations of this chapter, including but not limited to maximum building and lot coverage. Wherever a building or improvement envelope shall be created by application of the requirements contained in Schedule B to Article XI,iiiEN a minimum improvable area within the same, together with any other areas needed as aforesaid, shall be established as an environmentally suitable and sufficient area to insure the utility of the lot or site for its intended purpose.

Only the area within the principal building setback lines shall be considered in the ESA calculation. In addition, easements, rights of ways, and deed restricted areas shall not be considered as improvable area.

Table 7.2

Zone	Minimum Improvable Area
R-1	10,000
R-2	9,000
R-3	7,000
R-4	6,000
PLC	6,000
CR	6,000

(2) Improvable area thus produced shall be a contiguous area where the principal and accessory buildings, structures, appurtenances, and yards for active open space use can be suitably located and developed.

G. Orientation and arrangement of buildings and site improvements. Insofar as is reasonably possible given anticipated construction or permanent access for ingress/egress or utility service, improvements and site disturbance shall be limited to the improvable area. All buildings and improvements proposed for development on a lot or site subject to this section shall be oriented and arranged to satisfy this section.

H. Preliminary grading and land disturbance activities. Applicants desiring to initiate preliminary grading, earth-moving, cutting, filling, tree-clearing, or any other land disturbance activity are hereby required to obtain approval for such activities by the Planning or Zoning Board. Applicants shall submit a concept plan to the appropriate Board for review. The concept plan shall provide existing and proposed contours, and a delineation of all ESA’s on the property, along with a proposed limit of disturbance. The plan shall detail what ESA’s, if any, will be disturbed by the proposed activities. The disturbance of any ESA’s is prohibited unless authorization is granted by the Planning or Zoning Board. In addition to Board approval, the applicant is required to obtain a soil erosion and sediment control plan certification from either Vernon Township or the Sussex County Soil Conservation District, whichever has jurisdiction.

The only exception to the above shall be existing single-family residential lots, for which a soil erosion and sediment control plan certification has been obtained from either Vernon Township or the Sussex County Soil Conservation District, whichever has jurisdiction. Planning or Zoning Board approval would not be required in such instances.

I. Tree Clearing. Tree clearing shall only occur where necessary and as approved on the site plan or subdivision drawings.
(1) The limit of disturbance shall be clearly delineated on the plans, and kept to a minimum. Clear cutting of trees is prohibited, unless approved by the reviewing Board for due cause shown. The applicant shall show existing wooded areas on the site plan or subdivision drawings, and minimize the amount of tree removal by using such techniques as retaining walls to reduce disturbance and tree wells to preserve existing trees within disturbed areas. In the case of subdivisions, existing trees shall be preserved along the side lines between houses at a minimum.
(2) Phasing of construction for larger scale projects shall be required by the reviewing Board and the Township Engineer. In the case of subdivisions, Phase I shall be the roads, utilities and detention basins, and the second phase shall be the home sites. Phase II cannot be cleared until Phase I is graded and stabilized with grass and other plantings to the satisfaction of the Township Engineer and Soil Conservation District.
(3) The limit of disturbance (LOD) shall be staked by a licensed surveyor prior to any land disturbance, and marked with orange snow fencing. The Township Engineer shall inspect the LOD stakeout, and shall have full authority to adjust the LOD in order to save trees where practical based upon his or her judgment.

i Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.
ii Editor's Note: Original Sec. 717e, Water body conservation buffer, which previously followed this section, was repealed 3-1-2004 by Ord. No. 04-04.
iii Editor's Note: Schedule B, Bulk and Yard Requirements, is included at the end of this chapter.

2. The Township Clerk is hereby directed to give notice at least ten days prior to the adoption of this Ordinance to the County Planning Board and to all other persons entitled thereto pursuant to NJSA 40:55D-15 and NJSA 40:55D-63 (if required). Upon the adoption of this ordinance after public hearing thereon, the Township Clerk is further directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Sussex County Planning Board as required by NJSA 40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Township Tax Assessor as required by NJSA 40:49-2.1.

3. All ordinances or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are repealed to the extent necessary.

4. If any article, section, subsection, term or condition of this Ordinance is declared invalid or illegal for any reason, the balance of the Ordinance shall be deemed severable and shall remain in full force and effect.

5. This Ordinance shall take effect after publication and passage according to law.

NOTICE

NOTICE IS HEREBY GIVEN that the above ordinance was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Vernon in the County of Sussex, State of New Jersey held in the Municipal Building on September 18, 2006 and the same came up for final passage at the Regular Meeting of the Township Council held on October 2, 2006, at which time, after persons interested were given an opportunity to be heard concerning said ordinance, the same was passed and will be in full force in the Township according to law.

______________________________
JANET E.MORRISON, MAYOR

____________________________
PATRICIA A. LYCOSKY, R.M.C.
TOWNSHIP CLERK