a. The purpose of this subsection is to preserve and protect the quality of all surface waters which are found within or adjacent to the Township.
b. Applicants for major subdivision or major site plan approval shall include efforts to minimize non-point source pollution through the use of such techniques as:
Buffer strips
Overland stormwater flow
Regional stormwater management
Vegetated swales
Wetland or marsh creation
Infiltration practices
Porous pavements
Water quality inlets
c. Definition; Performance requirements
1. Definition.
SURFACE WATER BODY shall mean a permanent or intermittent water body shown on U.S.G.S. quadrangle maps, the Monmouth County Soil Survey, or other sources as the reviewing authority may deem appropriate.
2. Performance Requirements.
(a) No construction of any type including fences and walls shall be permitted within fifty (50) feet of any lake, pond, or other permanent surface water body of over one hundred (100) square feet, except for bikeways, trails, footbridges, gazebos, docks, piers, and boat launches. Such construction may not intrude on more than ten (10%) percent of the perimeter of the water's edge on the site of the application.
(b) An approved application for development on a property that contains any lake, pond or other permanent surface water body of over one hundred (100) square feet or portion thereof shall provide a conservation easement for the continued protection of the water body and the fifty (50) foot construction free buffer. The permitted footbridges, gazebos, docks, piers, and boat launches may be excluded from the conservation easement. The conservation easements shall be perpetual, shall name the Township of Holmdel as beneficiary, shall prohibit the erection of any structures including fences and walls, shall be in conformance with Section 30-58 of these Development Regulations, and shall be confirmed by deed recorded with the County Clerk. (1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22; Ord. No. 2002-20 § III; Ord. No. 2003-24 § I)
a. The purpose of this subsection is to preserve, protect, and enhance the diversity of plant and animal communities and their habitats, recognizing the regional and national significance of these resources.
b. Applicants for major subdivision or major site plan approval shall document the occurrence of threatened and endangered species, and other species uncommon to the Coastal Plain, on the property to be developed and shall identify critical habitat areas needed to provide for the survival of any local populations of these species. No development shall be permitted, initiated, or conducted unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of local populations of threatened or endangered plants and animals. No construction, grading or vegetation removal shall take place in critical habitat areas during breeding or mating of threatened and endangered species, and protection for the critical habitat area appropriate to the species shall be provided.
c. Threatened and endangered plants and animals shall be defined as those which:
1. Appear on the national list developed by the Department of the Interior, or
2. Appear on the State list developed by the N.J. Department of Environmental Protection and Energy, or
3. Are designated in N.J.S.A. 23:2A-4 (The Endangered and Nongame Species Conservation Act, State list of endangered species). (1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22)
a. Purpose. The purpose of this subsection is to promote the intent of the Holmdel Township Master Plan and the purposes of the Municipal Land Use Law (set forth at N.J.S.A. 40:55D-2) by protecting critical environmental resources, including air quality, water quality, soil cover, animal and plant habitat and viewsheds, that are negatively affected by the removal of woodlands. Retention of woodlands helps to control the velocity and amount of stormwater runoff, thereby reducing flooding; filters sediments and pollutants before they reach streams; promotes groundwater recharge; stabilizes the soil and reduces soil erosion; improves air quality by filtering pollutants from the air; preserves viewsheds; offers a stable habitat for associated plant species and for animal wildlife; and provides shade and windbreaks that help moderate the effects of climate conditions. Protection of woodlands along a stream corridor is essential to the maintenance of stream biota, and protection of woodlands on steep slopes is essential to soil stabilization. The retention of woodlands is essential to the scenic equality of a community and helps to preserve the diversity of native plant life and animal species. The protection of woodlands is consistent with New Jersey's Stormwater Management Rules and Best Management Practices. The protection of woodlands also has an intrinsic value. Once removed or mismanaged, the restoration or replacement of woodlands can be a lengthy, delicate, complex and expensive process. The time, difficulties and costs inherent in this process render existing woodlands tantamount to a nonrenewable resource in a community.
b. Applicability.
1. The regulations set forth herein shall apply to any tract of land that is the subject of an application for site plan and/or subdivision approval, except that the portions of the R-4H and R-4R Districts designated as building locations, individual building lots, street rights-of-way, preservation areas and reservation areas in the Master Plan shall be exempt from the requirements of paragraphs d,1, d,4, d,5 and d,6 of this section. In lieu of these requirements, the following standards shall apply:
(a) No specimen trees, significant trees, or desirable healthy individual trees shall be removed from the preservation areas and reservation areas, nor shall priority woodlands as described in paragraph d. below be cleared from such areas, unless required to facilitate stormwater management, farming, parks, trails, or recreation facilities, or for other purposes permitted by this chapter in preservation and reservation areas. The approving authority may require woodlands mitigation in accordance with paragraph e. below for trees that are removed from reservation and preservation areas.
(b) The areas identified as building locations are intended for the use and enjoyment of residents. Applicants shall strive to maintain significant trees, specimen trees and desirable healthy individual trees within the areas identified as building locations. For trees removed from areas identified as building locations, the approving authority may require that woodlands mitigation in accordance with paragraph e. below be provided to replace the portion of the disturbed forested area that lies outside the required setback lines on the building lot from which trees are being removed.
2. It is strongly recommended that each prospective applicant schedule a preapplication meeting with the administrative officer prior to submitting a formal application for development to the administrative officer for the purpose of evaluating the impact of this subsection on the plans for development.
c. Woodland Retention and Preservation Plan.
1. A woodland retention and preservation plan shall be submitted for approval. The plan shall include a report articulating how the requirements of paragraph d. of this subsection will be met by the proposed woodland retention and preservation plan; how the proposed development will affect the existing natural resources on the tract; the quantity of existing woodlands, and of individual trees not located within a designated forest stand, that will be removed and that will be retained; and what specific techniques will be used to protect woodlands and individual trees during the construction process.
2. The woodland retention and preservation plan shall be prepared using the information requested in Section 30-59 and shall be certified by a New Jersey Approved Forester, A New Jersey Certified Landscape Architect or a New Jersey Certified Tree Expert.
3. The woodland retention and preservation plan shall include all of the information provided on the natural resource inventory map as well as:
(a) Proposed topography as shown on the proposed grading plan;
(b) Surveyed locations of the following:
(1) All individual trees six (6) inches dbh or larger that are not located in a delineated forest stand but are nevertheless proposed to be retained and are located within the proposed areas of disturbance; and
(2) If a forest stand or portion thereof is proposed to be retained, all individual trees six (6) inches dbh or greater located within the first twenty-five (25) feet of such area, measured toward the interior of the woodland from its proposed perimeter.
(c) Cultural features, historic sites, and critical viewsheds as identified and/or mapped in the Township Master Plan;
(d) Existing man-made structures to be removed and to remain;
(e) All proposed development including buildings, roads, driveways, utilities and other improvements;
(f) A table listing the entire tract area in square feet; the square footage of existing and proposed woodlands located within the entire tract, classified according to the priority categories listed in paragraph d.1 of this subsection; and the percentage of the net tract area covered by existing and proposed woodlands, classified according to the priority categories listed in paragraph d.1 of this subsection;
(g) A clear, graphic indication of the woodland preservation areas on the site;
(h) A clear, graphic indication of the proposed limit of disturbance line, Protected Root Zone fencing and other proposed tree protection measures;
(i) Locations of proposed soil stockpile areas; and
(j) A clear written and graphic indication of all proposed methods to be employed in protecting existing trees that are proposed to be retained but lie within the limits of disturbance during construction;
(k) Existing preservation/conservation easements on the tract.
d. Woodland Retention Requirements.
1. The goal of this subsection is to retain rather than to replace existing woodlands. To that end, development shall be designed to maximize the area of existing woodlands to be retained. However, it is not the intent of this subsection to reduce the number of lots or the amount of development permitted. If woodlands are to be disturbed or removed, the applicant shall design the development in such a way as to avoid or minimize removal of priority woodlands, which shall consist of woodlands in any of the following priority categories:
(a) Any woodlands prioritized in the Holmdel Township Master Plan;
(b) Any woodlands within required stream corridor buffers, wetlands, wetland transition areas or floodplains;
(c) Woodlands on slopes of fifteen (15%) percent or more or woodlands located in highly erodible soils on slopes of less than fifteen (15%) percent with the steepest slopes having the highest priority;
(d) Woodlands associated with a critical groundwater recharge area, defined as having a recharge rate greater than or equal to the median recharge rate for the municipality as a whole;
(e) Woodlands associated with critical viewsheds identified in the Holmdel Township Master Plan;
(f) Woodlands identified in the New Jersey Landscape Project as either Forests or Forested Wetlands that create a habit having a ranking of 3, 4 or 5 for rare, threatened or endangered species;
(g) Woodlands that are connected to a larger woodlands corridor extending beyond the tract boundaries; and
(h) Woodlands and hedgerows that provide visual screening, are associated with an historic site, or line a rural roadway.
Not more than ten (10%) percent of priority woodlands existing on the site prior to its development shall be removed or otherwise disturbed for development. Any removal of priority woodlands shall require mitigation, irrespective of the exemptions set forth in paragraphs d.4 and 5. herein.
2. All woodland areas that are in a required buffer area or setback area and are designated for retention shall be protected by a Landscape or Conservation Easement. Requirements for the documenting and delineating of easements are given in subsections 30-58d., 30-58f. and 30-58h.
3. To the extent that the use of the clustering or lot averaging techniques permitted in the applicable zoning district will maximize the retention of woodlands in the development of the tract, such techniques shall be used.
4. Subject to the provisions of paragraph d.1., above, if the application is for a subdivision, a portion of the woodlands existing on the tract prior to development may be permitted to be removed for development as follows:
(a) Up to ten (10%) percent of the woodlands based on the area covered by the tree canopy (dripline) existing on the tract prior to development may be removed for the construction of necessary public and private streets, public utilities and common or public stormwater management facilities; and
(b) Reasonable and necessary removal of woodlands to provide for the necessary footprint area on each residential lot within the subdivision shall also be permitted.
(c) All improvements on new residential lots shall be located so as to retain any significant or specimen tree or any other desirable healthy individual tree as identified by the approving authority. The approving authority may consult with the Holmdel Shade Tree Committee and/or the Construction Office and/or the Environmental Officer in making this identification. Improvements must also be located and designed to minimize forest removal and fragmentation.
(d) The above criteria for permitted removal of woodlands on new residential lots shall not result in the removal of woodlands on any lot in excess of the following:
Notes: (1) For lots with a lot area less than or between these size ranges, interpolation shall be used.
(2) Or an area equal to twice the impervious surface coverage permitted in the zone, whichever is less.
5. Subject to the provisions of paragraph d.1. above, if the application is for site plan approval, up to twenty (20%) percent of the woodlands existing on the lot prior to development may be removed for development, provided, however, that all improvements shall be located so as to retain any significant or specimen tree or any other desirable healthy individual tree as identified by the approving authority. The approving authority may consult with the Holmdel Shade Tree Committee and/or the Construction Office and/or the Environmental Officer in making this identification.
For developments involving both site plan and subdivision approval, the requirements of paragraph d.4 shall apply to the development of the tract as a whole and to the development of any new residential lots within the development, and the requirements of this paragraph d.5 shall apply only to the development of any nonresidential lots within the development.
6. If the approval of the application and of any permits issued pursuant to such approval will result in the removal of more woodlands than the limits set forth in paragraphs d.4. and 5. above, or will result in the removal of any priority woodlands, identified in paragraph d.1. above, mitigation shall be required on an acre for acre basis to the extent of such excess removal of priority woodlands. Mitigation shall be undertaken in accordance with paragraph f. of this subsection. Prior to approving a plan for mitigation, the approving authority shall first determine that the proposed design cannot reasonably be modified to reduce woodlands removal or to locate improvements outside of priority woodlands.
7. The following procedures and requirements for the protection of the woodlands and individual trees to be retained shall be adhered to in the construction phase of the development:
(a) During construction, no permanent or temporary material, including soil, shall be placed or deposited within an area extending five (5) feet from the outer perimeter of the dripline or within the critical root zone, whichever is greater, of any tree to be retained or of the trees at the perimeter of any forest stand to be retained. Such area shall be protected as a Protected Root Zone (PRZ) by orange-blazed fencing or snow fencing placed outside of such area during construction, and the fencing shall be inspected and approved by the Construction Office prior to the start of any site disturbance. See also Section 30-58A for requirements on tree protection and Section 30-58g. for requirements on the delineation of conservation easements during construction.
(b) Where necessary, pursuant to an approved grading plan, to fill or remove soil within an area that encompasses either the critical root zone or the area five (5) feet from the outer perimeter of the dripline, whichever is greater, of any individual tree to be retained in the area of disturbance or of the trees within the perimeter of any forest stand to be retained, the existing grade around each such tree shall be maintained to the extent of the critical root zone or the area five (5) feet from the outer perimeter of the dripline, whichever is greater, by a tree well and extension tiles (in the case of fill) or by a retaining wall (in the case of a cut).
(c) No chemicals shall be disposed of and no concrete trucks shall be rinsed within the critical root zone of any tree or of the trees at the perimeter of any forest stand to be retained.
(d) During construction, individual trees to be retained and trees located at the perimeter of a forest stand to be retained shall be maintained in accordance with a maintenance schedule and plan under the direction of the Construction Office.
(e) If equipment must temporarily invade the PRZ of any individual tree to be retained or of any tree(s) located at the perimeter of a forest stand to be retained, the Construction Office shall approve and inspect the installation of required root protection measures within the path of such equipment (e.g., the installation of a six (6) inch deep layer of wood chips), shall inspect the invasion of the PRZ and shall thereafter inspect the removal of all temporary protective measures and the replacement of the protective fencing.
(f) If the approved calls for the installation of any pavement, utilities, or other improvements within the critical root zone or the area five (5) feet from the outer perimeter of the dripline, whichever is greater, of any individual tree to be retained or of any tree(s) located at the perimeter of any forest stand to be retained, special techniques for such installation shall be employed to minimize the impact on the protected tree(s), and such installation shall be directed, inspected and monitored by the Construction Office.
(g) In the event any of the foregoing procedures and requirements for construction are violated, the Construction Office or the Township Administrator shall issue a stop work order until the violation is remedied.
e. Woodlands Mitigation.
1. If mitigation is required, a woodlands mitigation plan shall be presented which shall consist of one (1) or more of the following alternative approaches (in descending order of desirability):
(a) Mitigation planting on-site.
(b) Mitigation planting off-site on public land (including County or State land) or on other land designated in or meeting the requirements identified in the Holmdel Township Master Plan that is, to the extent practicable, located within the same subwatershed as the woodlands being removed.
(c) Mitigation planting off-site on privately-owned land to be permanently deed-restricted for that purpose that is, to the extent practicable, located within the same subwatershed as the woodlands being removed.
2. Requirements for mitigation planting on and off-site:
(a) Landscaping in accordance with an approved landscaping plan may be credited as mitigation if the landscaped area has a width of thirty-five (35) feet or more in all directions and equals or exceeds two thousand five hundred (2,500) square feet in area and if the quantity of plantings per each two thousand five hundred (2,500) square foot area is at least seven (7) trees and twenty (20) shrubs.
(b) A woodlands mitigation planting plan that is not part of the approved landscaping plan shall be reviewed and approved by the approving authority based on the recommendations of the Construction Office and/or the Shade Tree Committee. All of the following shall ordinarily be planted on each acre of woodlands mitigation area:
(1) Thirty-five (35) trees per acre at a two (2) inch caliper size; and
(2) Seventy (70) trees per acre at a one (1) inch caliper size; and
(3) One hundred (100) trees per are installed as whips (five (5) feet to six (6) feet in height); and
(4) Forty (40) woody shrubs per care, to be located at the edges of the planting area; and
(5) A native grass mix shall be seeded over the entire planting area.
A diversity of native species shall be planted in each of the above categories. The species selection shall be based on the information collected in the natural resource inventory required in Section 30-59 and shall be subject to the approval of the Construction Office, who shall also inspect and approve all planting materials upon delivery to the site and prior to and following their installation.
(c) The applicant's landscape architect or New Jersey Certified Tree Expert or New Jersey Approved Forester shall prepare the cost estimate for the woodlands mitigation planting plan. Such estimate shall be separate and apart from the estimate pertaining to the approved landscaping plan. The cost of the woodlands mitigation planting plan shall include all materials, installation costs and continuing costs associated with the implementation of the maintenance plan. The cost estimate for the woodlands mitigation planting plan shall be reviewed and approved by the Construction Office and shall thereafter be transmitted to the Township Committee for inclusion in the cost estimate for the performance guarantee for the entire project.
(d) Prior to the release of any portion of the performance guarantee covering the woodlands mitigation planting plan, the Construction Office shall inspect the plantings and shall make a recommendation to the Township Engineer as to whether the plantings have been installed in accordance with the approved woodlands mitigation planting plan. The applicant shall post a maintenance guarantee following the inspection and approval or acceptance by the Township of the installation of the plantings included in the woodlands mitigation planting plan. The amount and timing of the maintenance guarantee shall be in accordance with N.J.S. 40:55D-53.
(e) At least thirty (30) days prior to the release of the maintenance guarantee or portion thereof covering the woodlands mitigation area, the Construction Office shall inspect the mitigation area and notify the Township Clerk and by certified mail the applicant and the bonding company. The maintenance guarantee shall not be released unless the following conditions have been met:
(1) Survival of one hundred (100%) percent of the trees installed at two (2) inch caliper size and one hundred (100%) percent of the woody shrubs;
(2) Survival of eighty-five (85%) percent of trees installed at one (1) inch caliper size;
(3) Survival of seventy-five (75%) percent of trees installed as whips;
(4) All surviving plant material shall be found to be in good health and free of diseases and pests; and
(5) There shall be no evidence of exotic and invasive plant material.
(f) To ensure that foregoing survival rates and conditions, a maintenance plan shall be submitted to the Construction Office for approval prior to the grant of final approval by the approving authority. The maintenance plan shall include, but not by way of limitation, the following: plans and schedules for weeding, watering and deer protection (including fencing or tree shelters). For individual trees, the maintenance plan may also be required to include mulching, fertilizing, and treatments for pests and diseases. The Construction Office shall inspect the premises periodically following the installation of the woodlands mitigation planting to ensure that the maintenance plan is being implemented and to recommend additional maintenance requirements, if necessary, to ensure the health and survival of the woodlands mitigation area.
(g) A landscape easement shall be placed on the woodlands mitigation area. The landscape easement shall allow for continued maintenance of the woodlands mitigation area by the owner via the removal of hazardous or diseased trees or tree limbs, removal of exotic and invasive plant species, erection of protective fencing, and the installation by hand of new plantings intended to replace dead trees or supplement existing growth, but only with the approval of the Construction Office.
3. Information to be provided for mitigation planting on and off-site.
(a) A table and description of soil preparation methods, species, sizes and spacing to be utilized for the new plantings;
(b) A binding two-year maintenance and management agreement that details how the area(s) designated for new plantings will be maintained to ensure satisfactory establishment of the new woodland including:
(1) Regular watering;
(2) Regular removal of invasive plant species;
(3) Protection from deer grazing; and
(4) Contact name and phone number for party responsible for maintenance.
(c) A mitigation table identifying the percent of the tract area in woodlands that is proposed to be cleared as a result of the proposed development; the number of acres of existing woodlands to be cleared; the applicable replacement requirements; and the number of acres of mitigation plantings proposed.
f. Fees, Violations and Penalties.
1. Fees.
(a) The fees charged for inspections undertaken and other services provided by the Construction Office shall be established by the Governing Body by ordinance. Such fees may, from time to time, be amended by ordinance.
(b) All charges made against escrow accounts for the services of the Construction Office in connection with the enforcement of this subsection shall be in accordance with N.J.S.A. 40:55D-53.2.
2. Violations and Penalties.
(a) Any violation of the provisions of this subsection shall be punishable by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment or community service not exceeding ninety (90) days, or both, for each separate offense.
(b) Each day on which a duly noticed violation is continued or remains unremedied while work is progressing shall constitute a separate offense, punishable as set forth herein.
(c) Upon notification by the Township of Holmdel or its agent of the existence of a violation, the violation shall be immediately remedied. If a violation cannot be remedied immediately, the municipality or its agent may issue a "Stop Work Order" until the violation is remedied. If a violation causes irreversible damage to a tree or woodland slated for retention, the municipality or its agent shall issue a "Stop Work Order" and the developer shall be required to submit a new preliminary and final plan to the approving authority for its approval before resuming work.
(d) The approving authority shall reserve the right to revoke or withdraw any approval granted for subdivision or site plan upon notice to the applicant and public hearing, in the event that there is any deviation from, or alteration of, the approved woodlands retention and preservation plan, unless prior written approval for such deviation or authorization has been obtained from the approving authority. Minor deviations and field changes may be authorized solely by the Construction Office in writing and only after consultation with the Chairman of the applicable approving authority to determine if the proposed minor deviations and field changes deviate from the intent of the original approval with respect to the woodlands retention and preservation plan. If it is determined by this consultation that the changes proposed are not minor, the matter must be referred to the full Board, and no changes may be effected until such Board gives its approval.
(e) Each of the terms and conditions of any approval relating to woodlands retention and preservation are material elements of the development approval based upon the submission of the application in its entirety, and the noncompliance with any term or condition by the applicant or its successors or assigns shall be deemed a material default subjecting the applicant to revocation of such approval. The request to change any single condition, since all conditions are integrally related, shall open the entire application to the applicable approving authority for reconsideration, possible reapproval, and new terms and conditions in addition to those terms and conditions contained in the original approval. (1976 Code § 78-71.4; Ord. No. 3-82; Ord. No. 94-22; Ord. No. 2005-39 § 6; Ord. No. 2006-19 § X)
