TOWNSHIP OF MENDHAM Ord. No

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1 ORDINANCE SUPPLEMENTING THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM BY A NEW CHAPTER XXIVA ESTABLISHING THE REQUIREMENT OF AN ENVIRONMENTAL PERMIT AND AMENDING AND SUPPLEMENTING SAID ORDINANCE WITH ENVIRONMENTAL REGULATIONS RELATING TO CRITICAL AREAS, STEEP SLOPES, WETLANDS AND TRANSITION AREAS AND CONSERVATION EASEMENTS. BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, as follows: SECTION 1. The Land Use Ordinance of the Township of Mendham is hereby supplemented by a new Chapter XXIVA entitled "Environmental Permit" which shall read in its entirety as follows: "CHAPTER XXIVA ENVIRONMENTAL PERMIT 24A-1 Environmental Permit. Before the Construction Code Official issues a building permit for the construction of a new building or structure or an addition to an existing building or structure he shall review the Township's GIS data base to ascertain if there is a possibility that wetlands or wetlands transition areas may be disturbed by the proposed development. If he determines that the possibility of such disturbance exists, the Construction Code Official shall refer the matter to the Township Environmental Consultant who shall investigate and report in writing his findings to the Construction Code Official. In the event of such a referral to the Township Environmental Consultant, the applicant shall be required to pay a fee of $230 to the Township. If the Environmental Consultant finds that the proposed development will not cause disturbance of wetlands and transition areas, the applicant may proceed. If he finds the possibility of such disturbance, the Construction Code Official shall require the applicant to provide the Township with a Presence/Absence determination or a wetlands LOI from the NJDEP prior to the issuance of a building permit. A building permit will be issued when all NJDEP requirements are satisfied." SECTION 2. Section entitled "Protection of Critical Areas" of the Land Use Ordinance of the Township of Mendham is hereby amended to read in its entirety as follows: " Protection of Critical Areas. All subdivision and site plans shall be designed so that, to the greatest extent possible, critical areas, the disturbance of which could result in flooding, erosion, sedimentation, loss of valuable vegetation, impairment of water quality or quantity, or other substantial harm to the environment or to human habitation, shall be left undisturbed. Development techniques, including BMP's (Best Management Practices), shall be employed so that development can take place without causing adverse impacts on the environment and without detriment to the public health, safety and general welfare. Vegetation shall be preserved to the extent practical. All subdivision plans and site plans shall comply strictly with all Federal and New Jersey State rules and regulations including, but not limited to, rules and regulations of the ANJEC Ref #0577 1

2 New Jersey Department of Environmental Protection applicable to the development of land. The minimum information and data necessary to evaluate and assure the above stated purposes shall include the following: a. Environmental Impact Study. A study according to the requirements of Chapter XVII, Environmental Impact Study, shall be conducted and the documentation resulting from such study shall be filed with the preliminary plat or site plan at the time an application for preliminary subdivision or site plan approval is made. b. Flood Hazard Areas. An application for a Development Permit shall include the necessary additional documentation according to the requirements of Chapter XVIII, Flood Hazard Area Regulations. c. Soil Erosion and Sediment Control Plan. The soil erosion and sediment control plan shall be filed with the preliminary plat or site plan. The soil erosion and sediment control plan shall be prepared according to the requirements of Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention. d. Steep Slopes Map. A map establishing the limits of all disturbance on any lot to be created by subdivision and/or any lot for which preliminary site plan approval is requested according to the requirements of Section , "Steep Slope Disturbance Limits." e. Wetlands and Transition Areas. A map with appropriate notes providing for the protective measures according to the requirements of Section , "Protection of Wetlands and Transition Areas during Construction." f. Conservation Easements. A map establishing a conservation easement for and along streams, watercourses and/or drainage way channels to be dedicated to the Township according to the requirements of Section A, "Conservation Easements for Watercourse, Stream, etc." Section 3. The Land Use Ordinance of the Township of Mendham is hereby supplemented by a new Section A to read in its entirety as follows: " A Conservation Easement for Watercourse, Stream, etc. a. When property depicted on a subdivision or site plan is traversed or bordered by a watercourse, drainage way, channel or stream, a storm water easement or drainage right-of-way and a conservation easement dedicated to the Township conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose, shall be provided by the developer. For perennial streams, and where applicable, the conservation easement shall be one hundred fifty (150) feet in width on either side of the stream center line. The minimum width for a conservation easement for a watercourse of intermittent nature shall be fifty (50) feet on either side of the center line, where applicable. b. Easements or rights-of-way as required by the Planning Board under subparagraph a above shall be described by metes and bounds, and any deeds ANJEC Ref #0577 2

3 prepared in favor of the Township shall be approved as to form and substance by the Township Attorney." Section 4. The Land Use Ordinance of the Township of Mendham is hereby supplemented by a new Section entitled "Steep Slope Disturbance Limits" to read in its entirety as follows: " Steep Slope Disturbance Limits. a. The overall extent of regrading and/or stripping of native or existing vegetation on steep slopes on any tract of land which is the subject of an application for subdivision or site. plan approval shall be limited by the following standards: Slopes Regraded or Stripped Maximum Portion of Tract of Vegetation i. Less than 10% i. Any area necessary for driveway, landscaping or impervious coverage ii. 10%--15% ii. 25% of slope area iii. Greater than 15% up iii. 15% of slope area to 25% iv. Greater than 25% iv. 5% of slope area b. When granting preliminary subdivision approval, the Planning Board shall establish the extent of allowable slope disturbance for each individual lot in such manner that the aggregate slope disturbance for all of the individual lots does not exceed the allowable slope disturbance for the entire tract. c. All construction activity on any lot created by subdivision approval where the Planning Board has fixed the extent of allowable slope disturbance when granting preliminary subdivision approval shall be conducted strictly in accordance with the limits of disturbance established for such lot and shown on the approved drawings. d. All construction activity on any lot for which preliminary site plan approval has been granted shall be conducted strictly in accordance with the limits of disturbance established for such lot and shown on the approved site plan. e. All construction activity on lots, created by subdivision approval or otherwise, for which the Planning Board has not fixed the limits of allowable slope disturbance when granting preliminary subdivision approval, shall be conducted so that such activity will not result in grading and/or stripping of natural or existing vegetation in excess of the limitation standards established in this section." Section 5. The Land Use Ordinance of the Township of Mendham is hereby supplemented by a new Section entitled "Protection of Wetlands and Transition Areas during Construction" to read in its entirety as follows. ANJEC Ref #0577 3

4 " Protection of Wetlands and Transition Areas during Construction. a. To prevent adverse impacts on delineated wetlands and transition areas during construction, the following guidelines shall be employed: 1. A snow fence shall be installed in the area of disturbance outside of the wetlands transition area boundary line prior to the commencement of onsite construction, so as to prevent encroachment into these regulated areas. 2. A silt fence and hay bales shall be installed downstream from any construction disturbance adjacent to the wetlands and transition areas so as to prevent the transport of silt into these areas. 3. The applicant or developer of the property shall avoid encroachment into state-regulated wetland and transition areas. All existing on-site vegetation within the wetland and transition areas shall be preserved. 4. All conservation easement boundaries on approved sites shall be delineated with a sufficient number of permanent markers to ensure that future encroachment and destruction of wetlands and transition areas does not occur. All such markers shall be in accordance with Mendham Township Standard Detail G-10." SECTION 6. Subsection 24-5(d) of the Land Use Ordinance of the Township of Mendham is hereby amended to read in its entirety as follows: "24-5(d). The slope analysis shall verify that the final grading of the lot and the land to be disturbed by the improvements are consistent with the terms of any prior subdivision of site plan approval with regard to protection of critical areas as related to the subject lot as set forth in subsection Where no prior subdivision or site plan approval has established the extent of slope disturbance for the lot in question, the standards fixed by subsection shall apply." SECTION 7. The Land Use Ordinance of the Township of Mendham is hereby supplemented by a new subsection 24-5(k), supplementing the plan requirements for a lot development permit, to read in its entirety as follows: Wetlands and transition areas shall be protected as set forth in subsection " SECTION 8. This ordinance shall take effect after final passage and publication pursuant to law. Adopted: Attest: TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS BY: Penny Newell, Township Clerk Kathryn A. Porter, Mayor ANJEC Ref #0577 4

5 ANJEC Ref #0577 5