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ORDINANCE 17-2006

 

AN ORDINANCE OF THE TOWNSHIP OF MENDHAM IN THE COUNTY OF MORRIS, NEW JERSEY TO AMEND THE PROVISIONS FO THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF MENDHAM PERTAINING TO THE DELINEATION OF CONSERVATION EASEMENTS, WETLANDS AND WETLAND TRANSITION AREAS

 

            WHEREAS, the Township Committee of the Township of Mendham adopted an Ordinance now codified as The Land Use Ordinance of the Township of Mendham pursuant to Chapter XI Section 11-1 thereof; and

 

            WHEREAS, it is deemed to be in the best interest of the Township to amend the provisions of Chapter XVI entitled “Subdivision and Site Plan Review” so as to provide for the delineation in the field of conservation easements, wetlands and wetland transition areas through the placement of markers meeting Township specifications therefore.

 

            NOW, THEREFORE BE IT ORDAINED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

 

1.      Subsection 16-10.14 in Chapter XVI entitled “Protection of Wetlands and Transition Areas during Construction” is amended in its entirety to read:

 

16-10.14            Protection of Conservation Easements, Wetlands and Wetland Transition Areas

 

a.      All boundaries of conservation easements, wetlands and transition areas shall be delineated with a sufficient number of permanent markers to clearly identify the boundaries of the easement, so that encroachment into the easement does not occur. All such markers shall be in accordance with Mendham Township Standard Detail G-10.

 

b.      To prevent adverse impacts on conservation easements and delineated wetlands and transition areas during construction, the following guidelines shall be employed:

 

1.      All boundary markers shall be installed prior to the commencement of onsite construction.

 

2.      A snow fence shall be installed in the area of disturbance outside of the conservation easement, wetlands or wetlands transition area boundary lines prior to the commencement of onsite construction, so as to prevent encroachment into these protected areas.

 

3.      A silt fence and hay bales shall be installed downslope from any construction disturbance adjacent to the wetlands and transition areas so as to prevent the transport of silt into these areas.

 

4.      The applicant or developer of the property shall not encroach into state-regulated wetland and transition areas. All existing onsite vegetation within conservation easements, wetlands and transition areas shall be preserved.

 

2.      If any section, paragraph, sentence, phrases or other part of this ordinance shall be voided by any State law, rule or regulation or shall be adjudged by any court of competent jurisdiction to be valid or inoperative, such State law, rule or regulation, or such court judgment, as the case may be, shall not affect, impair or invalidate the remainder of this ordinance but shall be confined to the section, paragraph, sentence, phrase or other part of this ordinance directly involved.

 

3.      The Township Clerk shall forward a copy of this Ordinance to the Planning Board of the Township of Mendham for review and report pursuant to N.J.S.A. 40:55D-26.

 

4.      This ordinance shall take effect upon publication of notice of final adoption as provided by law.

 

Adopted:  May 23, 2006

 

Attest:                                                              TOWNSHIP OF MENDHAM , IN THE

                                                                                    COUNTY OF MORRIS

 

 

 

_____________________________             By_________________________

Penny Newell , Township Clerk                                   Richard H. Krieg, Mayor

 

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