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ORDINANCE 14-2003 ORDINANCE RELATING
TO CONSERVATION EASEMENTS, AMENDING PARAGRAPH 16-10.8(f), AMENDING AND
SUPPLEMENTING SUBSECTION 16-10.10 AND REPEALING SUBSECTION 16-10.10A OF THE LAND
USE ORDINANCE OF THE
BE IT ORDAINED by the Township Committee of the
Section 1. Paragraph 16-10.8 (f) entitled “Conservation Easement” of
the Land Use Ordinance of the Township of Mendham is hereby amended to read in
its entirety as follows: “16-10.8 (f).
Conservation Easements. Conservation easements, as described in Section
16-10.10, in favor of the Township may be required as a condition of approval of
a subdivision or site plan to protect natural resources of special character or
environmentally sensitive areas. Resources to be protected may include, but are
not limited to, the following: 1.
wetlands and wetland
transition areas. 2.
streams and stream
corridors. 3.
steep slopes.” Section 2. Subsection 16-10.10 of the Land Use Ordinance of the Township
of Mendham is hereby
amended and supplemented to read in its entirety as follows: “16-10.10 Conservation
and Utility Easements. a.
Utility Easements.
In large scale development by subdivision or by site plan, easements along rear
property lines or elsewhere for utility installation may be required. The
easements shall be at least twenty (20) feet wide and located in consultation
with the companies or municipal departments concerned. b.
Stormwater Easements.
When property shown on a subdivision or site plan is traversed or bordered by a
drainage way, a stormwater easement or drainage right-of-way conforming
substantially with the outer limits of such drainage way shall be dedicated to
the Township by the developer. c.
Stream Easements. When
property shown on a subdivision or site plan is traversed or bordered by a
stream, a stream conservation easement based on the centerline of the stream
shall be dedicated to the Township by the developer. For perennial streams, the
conservation easement shall be one hundred fifty (150) feet in width on either
side of the stream centerline. The minimum width for a conservation easement for
a watercourse of intermittent nature shall be fifty (50) feet on either side of
the centerline. d.
Steep slope areas. Conservation easements for steep slope
areas shall encompass areas containing slopes of twenty-five (25) percent or
greater. e.
All other conservation
easements. The extent of area(s) to
be covered by all other conservation easements shall be determined by the
appropriate board, in consultation with the applicant, to be sufficient to
protect the resource in question. f.
Map, Metes and Bounds
Descriptions and Form of Conservation Easements.
A map showing the size, shape, location and purpose of any required conservation
easement (including the proposed location of required boundary markers, which
shall be in accordance with Mendham Township Standard Detail G-10) shall be
submitted by the applicant. The accuracy of the map shall be confirmed prior to
approval of any easement agreement. Easements or rights-of-way as required by
the appropriate board shall be described by metes and bounds. Conservation
easements shall be consistent with the form provided in Appendix F, entitled
“Approved Form of Conservation Easement”, which Appendix is hereby approved
and incorporated herein, except that such easements may be modified or adjusted
based on the particular circumstances of a specific development application or
property. Any easements prepared in favor of the Township shall be approved as
to form and substance by the Township attorney.” Section 3. Subsection 16-10.10A of the Land Use Ordinance of the Township
of Mendham is hereby
repealed. Section 4. This ordinance shall take effect after final passage and
publication pursuant to law. |
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