[From the U.S. Government Printing Office, www.gpo.gov]



                        AWATERSHED                                                          'MANAGEMENT
                                PLAN FOR BARNEGAT BAY

                                                             Volume 2: Appendices


                                                                              A Report of the
                                  New Jersey Department of Environmental Protection and Energy
                                                                 to the New Jersey Legislature,
                                                     Ocean County Board of Chosen Freeholders.
                                                                      Bay Area Municipalities
                                                               and the People of Ocean County



                                                                                       Draft
                                                                                August IL992

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                                                                                          IN

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                                                                                      ..... . . .......


                                                                        Jim Florio, Governor
                                                                         State of New Jersey

                                                                  Scott Weiner, Commissioner
                                                                                 New Jersey
                                            Department of Environmental Protection and Energy
                                                                                       lavqhL























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                       US Department of Commerce
                   NOAA Coastal Services Center Library
                        2234 South HoTason Pwc--- --
                                               ,1,)
                        Charleston, SC












                                       This report was funded by the
                       New Jersey Department of Environmental Protection and Energy
                                               and by the
                            Office of Ocean and Coastal Resources Management,
                             National Oceanic and Atmospheric Administration,
                                      U.S. Department of Commerce,
                                 under the provisions of Section 305 of the
                      Federal Coastal Zone Management Act P.L. 92-583, as amended.
































               Cover Photo: Barnegat Bay Catboat      "Vim". Built in 1900 by Morton
               Johnson of Bay Head, NJ and still used to sail the Bay.








                     Theresa Fowler, Project Manager


                     Martin Blerbaum, Administrator, Office of Regulatory Policy
                     Robert Tudor, Administrator, Land Use Regulation Program




                     Contributors:

                     New Jersey Department of Environmental Protection and Energy

                     Larry Baier                   Janet Jessel                  Hilary Russell
                     Bob Beck                      Renee Jones                   Laurie Sands
                     Jill Bennis                   Jim Joseph                    Paul Scarlett
                     Tom Breden                    Gene Keller                   Bob Scro
                     Michelle Crew                 Joseph Kocy                   Sue Shannon
                     Gale Critchlow                Captain James Momm            Judy Shaw
                     Victoria Crouse               Larry Niles                   Larry Thornton
                     Bruce Halgren                 Carl Nordstrom                Larry Torok
                     Sue Halsey                    Tony Petrongolo               Susan Tsou
                     PaulHauge                     Kerry Pflugh                  John Tyrowski
                     Kyra Hoffmann                 Elizabeth Rosenblatt          Bill Vibbert
                     George Horzepa                Bruce Ruppel                  Steven Whitney
                     Steve Jandoli


                     Barnegat Bay Citizens Advisory Committee

                     Bert Alexander                Charlie Gallant.              Connie Pilling
                     Bob Anstett                   Allen Halliday                Art Richmond
                     Richard Beer                  Ed Harrison                   Liz Santornauro
                     Hon. Carl Block               Anne Hruza                    Charles Schroth
                     Eleanor Bochenek              Denis Hruza                   Jean Schroth
                     Roger Brown                   Rich Kunze                    John Sly
                     Willie deCamp                 John LaMacchia                Ken Smith
                     Tammy DeGiacomo               Jan Larson                    Evan Spalt
                     Dave DiPaolo                  Frank Livelli                 John Tiedemann
                     Gef Flimlin                   Rick Mellerup                 Jay Vouglitois
                     Britta Forsberg               Jan Niemira                   Jerome Walnut
                     Tom Fote                      Shaun O'Rourke                Ken Winter
                     David Friedman                Hon. John Peterson









                                                                        VOLUME I

                       _TABLE OF CONTENT

                           Chal2te                                                                                             B%Le

                           PREFACE      ...............................................................................................................


                           EXECUTIVE SUMMARY              ......................................................................................


                           I      INTRODUCTION

                                           Present Conditions and Trends             ..................................................

                                           Problems Presented by the Trends               ...........................................

                                           An Alternative Vision       ....................................................................


                                           Statement of Goals        .......................................................................

                                           Land Use Management Tools               ....................................................

                                           Plan Structure      ................................................................................

                           11     WATERSHED MANAGEMENT                      ...............................................................

                           III    SENSITIVE AREA PROTECTION                     ..........................................................


                           IV     WATER AREA AND USE                 .........................................................................


                           V      FISHERIES MANAGEMENT                  ...................................................................

                           VI     PUBLIC ACCESS           ....................................................................o ................

                           VII    PUBLIC PARTICIPATION AND EDUCATION                          .... @.@!  ................................

                           Vill   RESEARCH AND MONITORING                      ............................................................


                           GLOSSARY       ............................................................................................................


                           BIBLIOGRAPHY        .....................................................................................................


                           INDEX BY SUBJECT           ............................................................................................

                           INDEX BY LEAD RESPONSIBILITY                 ..................................................................









                         LIST OF TABLES


                        --.Table                                                                                              Page

                         1.       Ocean County Historical Population                  .............................................

                         2.       Ocean County Population and Housing Estimates                              ...................

                         3.       Impervious Cover and Associated Pollutants                          ..........................

                         4.       Clam Landings        ........................................................................................

                         5.       Blue Crab Landings         ...............................................................................

                         6.       Eel & Winter Flounder Landings                ......................................................

                         7.       Aims to be Met by Specific Components of the Ambient
                                  Monitoring Program         .............................................................................

                         LIST OF FIGURES


                         Fiaure


                         1        Barnegat Bay Study Area             ...................................................................

                         2.       Watershed Boundaries            ........................................................................


                         3.       Sewer Service        .........................................................................................


                         4.       Eel Grass Beds       ..................................................... ! ,
                                                                                                 .!  ................................


                         5.       Colonial Waterbird Nesting Sites                ..................................................

                         6.       Waterfowl Staging Areas             ..................................................................

                         7.       Hard Clam Beds         ......................................................................................










                                               VOLUME 11


               .APPENDICES

                      1. Authorizing Legislation

                      2. Profile of Barnegat Bay

                      3. Management Recommendations for Barnegat Bay

                      4. Development Related Pollutant Loadings

                      5. Growth Management Options

                      6. List of Agencies and Organizations
                      7. Model Ordinance for Creating an Environmental Commission

                      8. Model Ordinance for Plan Review

                      9. Sample Watershed Association Bylaws
                      10. Description of Delaware River Keeper Program

                      11. N.J. Department of Environmental Protection and Energy,
                            Environmental Commission Grant

                      12. Landscaping List of Native New Jersey Plants

                      13. Exam pies of County Open Space Referenda

                      14. Model Ordinance for Tree Protection

                      15. Massachusetts River Protection Act

                      16. Massachusetts Endangered Species Act

                      17. U.S. Environmental Protection Agency's Nonpoint Source Pollution
                            Management Measures for Marinas and Recreational Boating

                      18. Waterfront Public Access Sites

                      19. Potential Public Access Sites

                      20. Funding Sources for Public Access Programs

                      21. Research and Monitoring Programs




















   4









                                          APPENDIX 1


                                     ENABLING LEGISLATION

































   -Z.







            1774          CHAPTERS 396 & 397, LAWS OF 1987                                                                                    CHAPTER 397, LAWS OF 1987                            1775

                3. This act shall take effect immediately.                                                                 Heights, Island Heights, South Toms River, Beachwood, Pine Beach,
                Approved January 13, 1988.                                                                                 Ocean Gate, Barnegat Light, Harvey Cedars, Surf City, Ship Bottom,
                                                                                                                           and Seaside Park;
                                                                                                                             "Consultant" means the person selected           by the Barnegat Bay
                                                                                                                           Study Group to conduct the study described pursuant to section 5
                                         CHAPTER 397                                                                       of this act;
             AN ACT concerning the study of development in and around Barnegat                                               "Department" means the Department of Environmental Protec-
                  bay, creating the Barnegat Bay Study Group, and making an                                                tion;
                  appropriation.                                                                                             "Plan" means the comprehensive land use and environmental
                                                                                                                           management plan for the bay area prepared pursuant to subsection
                BE IT ENACTED by the Senate and General Assembly of the State                                              c. of section 6 of this act; and
             of New Jersey:                                                                                                  "Study group" means the Barnegat Bay Study Group created
                1. The Legislature rinds that Barnegat bay in Ocean county is                                              pursuant to section 3 of this act.
             a valuable natural resource providing innumerable recreational,
             economic, and aesthetic benefits important to the welfare of the                                                3. a. There is created the Barnegat Bay Study Group, which shall
             citizens of the State; that the conferral of these benefits is strongly                                       be comprised of. the Commissioner of the Department of En-
             dependent upon the water quality of Barnegat bay and the general                                              vironmental Protection, or his designee, who shall serve as chairman;
             vitality of the Barnegat bay ecosystem; and that the Barnegat bay                                             a representative selected by the governing body of Ocean cobuenteyle;ctnedd
             area is currently experiencing intense development pressure which                                             four representatives from the bay area municipalities, to
             is adversely affecting its water quality and ecology.                                                         at a meeting convened by and among the chief vxecutive officers of
                                                                                                                           the bay area municipalities as soon as may be practicable after the
                The Legislature therefore declares that it is appropriate to conduct                                       effective date of this act; two of whom shall be from the 9th legislative
             a study of the nature and extent of the impact of this development                                            district, and two of whom -shall be from the 10th legislative district.
             upon this valuable natural resource, to create the Bamegat Bay
             Study Group to supervise this study, and to develop an appropriate                                              b. Vacancies in the appointed positions on the study group shall
             land use and environmental management plan for consideration by                                               be filled in the same manner as the original appointments were        made.
             all levels of government.                                                                                       c. Members of the study group shall serve without compensation,
                2, As used in this act:                                                                                    but the study group may, within the limits of funds appropriated
                                  means Barnegat bay, Silver bay, Manshawkin bay                                           or otherwise made available to it, reimburse members for actual
                "Barnegat bay"                                                  ing, but                                   expenses necessarily incurred in the discharge of their official duties.
             (North of State Route 72) and the tributaries thereof, includ
             not limited to, Kettle creek, Metedeconk river, Toms river, Cedar                                               d. The study group shall organize as soon as may be practicable
             creek, Forked river, and Gunning river;                                                                       after the appointment of its members and shall select a vice-chair-
                                                                                                                           man from among its members and a secretary who need not be a
                "Bay area" means that area of Ocean county comprising Barnegat                                             member. The study group may, within the limits of any funds ap-
             bay and all lands within the bay area municipalities located between                                          propriated or otherwise made available to it, appoint such st         .aff or
             Barnegat bay and the first public road of the bay area municipality;                                          hire such experts as it may require.
                "Bay area municipalities" means the Ocean county townships of                                                e. The study group shall meet regularly as       it may determine, and
             Berkeley, Brick, Stafford, Barnegat, Ocean, Lacey, Long Beach, and                                            shall also meet at the. call of the chairman or the Governor.
             Dover and the Ocean county boroughs of Bay Head, Lavallette,
             Mantoloking, Point Pleasant, Point Pleasant Beach, Seaside                                                      4. It shall be the duty of the study group to:

                                                                                                        4






                                                                                                                                       CHAPTER 397, LAWS OF 1987                           1777
            1776              CHAPTER 397. LAWS OF 1987
                                                                                                                        (g) current and projected land uses and land use patterns in bay
              a. supervise the preparation of the environmental inventory and                                         area municipalities;
            the options paper which shall be developed by a consultant selected                                         (h) an inventory and assessment of existing ordinances, policies
            therefor pursuant to subsection c. of this section;                                                       and regulations available for utilization- in th16 balancing of reason-
              b. review, and comment upon, the scope of services required of                                          able development with preservation and enhancement of the natural,
            the consultant by the department;                                                                         aesthetic and recreational values of the bay area.
              c. select the consultant from a list of applicants provided by the                                        b. Develop an options paper utilizing the environmental inven-
            department;                                                                                               tory assessment which will:
              d. review, and comment upon, the periodic reports and q1I draft                                           (1) Assess whether land development in the bay area has reached
            and final reports which shall be submitted by the consultant;                                             such a level that further growth could not be accommodated without
              e. confer with public interest organizations, trade associations,                                       a significant effect upon the water quality of Barnegat bay or the
            and similar groups which are interested in the results of the study                                       general vitality of the bay area ecosystem, and, if that level has not
            or which represent persons that may be affected by any action taken                                       yet been reached, determine the extent to which further growth can
            by government based upon the results thereof, and                                                         be so accommodated;
              f. review, and comment upon, the proposed plan prepared by the                                            (2) Assess the navigability of Barnegat bay and make recommen-
            department pursuant to subsection c. of section 6 of this act.                                            dations as to how it may be improved;
              The study group shall dissolve upon transmittal of the plan                                               (3) Assess whether boat traffic on Barnegat bay has reached such
                                                                                                                      a level that additional traffic could not be accommodated without
            prepared by the department to the Legislature.                                                            a significant effect upon the water quality of Barnegat bay or the
              5. The"study of the bay area conducted by the consultant shall:                                         general vitality of the bay area ecosystem, or threat to the public
              a. Develop an environmental inventory assessment of the                                                 health and safety, and, if that level has not Yet been reached, de-
            Barnegat bay area which includes:                                                                         termine the extent to which additional traffic can be so accommo-
                                                                                                                      dated; and
              (1) A literature search on non-point pollution sources and their                                          (4) Develop appropriate standards and controls and institutional
            impact on estuarine environments, particularly in urban and                                               alternatives to be considered for adoption and application by all
            suburban areas.                                                                                           levels of government in those circumstances, if any, where additional
              (2) An assessment of available data on current. conditions and                                          growth may be permitted in the bay area.
            trends regarding:                                                                                           6. It shall be the duty of the department to:
              (a) water quality in Barnegat bay and tributaries;                                                        a. determine, after consulting with the study group, the scope of
              (b) qualitative and quantitative aspects of marine and estuarine                                        services which shall be required of the consultant;
            shellfish, fish, and wildlife resources;                                                                    b. solicit applicants for the position of consultant and compose
              (c)  environmentally sensitive areas and open space;                                                    a list thereof for consideration by the study group pursuant tosubsec-
              (d) hylrographic and navigability description of Barnegat bay;                                          tion c. of section 4 of this act;
              (e)  bay  .area municipality growth patterns over the previous 10                                         c. prepare a comprehensive land use and environmental manage-
                                                                                                                      ment plan for the bay area based upon the study and the comments
            years;                                                                                                    of the study group, which plan shall address the concerns about the
              (f)  impervious paving coverage trends over the previous 10 years                                       impact of further development in the bay area and include rec-
            in bay area municipalities;







           1778        CHAPTERS 397 & 398, LAWS OF 1987.

           ommendations for appropriate action by the Legislature, the depart-
           ment, other State agencies, Ocean county, and bay area munici-
           palities;
             d. submit the proposed' plan to 0   cean county and to bay area
           municipalities for review and comment; and
             e. transmit the plan, within one year of the effective date of this
           act, together with any comments thereon provided by Ocean county
           and by bay area municipalities, to the Legislature on a day during
           which the Houses are both meeting during the course of a regular
           or special session, to Ocean county, and to bay area municipalities
           for their respective consideration.
             7. Upon transmittal of the plan, the governing body of Ocean
           county and the governing body of each bay area municipality may
           determine whether the plan or any portion thereof should be im-
           plemented to minimize adverse impacts of development within its
           jurisdiction, and may adopt such ordinances or resolutions, as ap-
           propriate, as may be necessary to so effectuate its purposes.
             8. a. The department shall apply a minimum of at least
           $20,000.00 in grant moneys made available to it pursuant to the
           federal "Coastal Zone Management Act of 1972," as amended and
           supplemented (16 U.S.C. ï¿½1451 et seq.), to carry out the purposes
           of this act.
             b. There is appropriated from the General Fund to the Depart-
           ment of Environmental Protection the sum of ;180,000.00 to carry
           out its responsibilities under this act.
             9. This act shall take effect immediately.
             Approved January 13, 1988.




                                      CHAPTER 398
           AN ACT concerning the establishment of State-operated school dis@
                tricts, amending and supplementing P.L. 1975, c. 212 and
                amending P.L. 1979, c. 294.

             BE rr ENACTED by the Senate and General Assembly of the State
           of New Jersey:
             1. (New section) The Legislature rinds and declares that:
























                                       APPENDIX 2


                                PROFILE OF BARNEGAT BAY
                                   (on file at NJDEPE)




























   1:






















                                      APPENDIX 3


                     MANAGEMENT RECOMMENDATIONS FOR BARNEGAT BAY
                                   (on file at NJDEPE)
























                                       APPENDIX 4


                        DEVELOPMENT RELATED POLLUTANT LOADINGS





















                                                     A I






                       POPULATION ESTIMATES AND ASSOCIATED HOUSING REQUIREMENTS


                                                         Estimated            People/       #Dwelling Units
                       Municipality                1972 Population          Household              Needed

                       Barnegat                                    2070                 2.6                796-15
                       Barnegat   Light                              615                2.6                236.54
                       Bay Head                                    1090                 2.6                419.23

                       Beachwood                                   4780                 2.6              1838.46
                       Berkeley                                  10485                  2.6              4032.69
                       Brick                                     39095                  2.6              15036.54


                       Dover                                     47765                  2.6             18371.15
                       Harvey Cedars                                 450                2.6                173.08
                       Island Heights                              1425                 2.6                548.08

                       Jackson                                   19590                  2.6              7534.62
                       Lacey                                       6380                 2.6              2453.85
                       Lakehurst                                   2900                 2.6              1115.38

                       Lakewood                                  30020                  2.6             11546.15
                       Lavalette                                   1540                 2.6                592.31
                       Long Beach                                  3460                 2.6              1330.77

                       Manchester                                10040                  2.6              3861.54
                       Mantoloking                                   320                2.6                123.08
                       O(Man                                       2330                 2.6                896.15

                       Coean Gate                                  1100                 2.6                423.08
                       Pine Beach                                  1440                 2.6                553.85
                       Plumsted                                    4355                 2.6              1675.00

                       Point Pleasant                            16640                  2.6              6400.00
                       Point Pleasant Beach                        4865                 2.6              1871.15
                       Seaside Heights                             1375               .12.6                528.85

                       Seaside Park                                1460                 2.6                561.54
                       Ship Bottom                                 1205                 2.6                463.46
                       South Toms River                            4130                 2.6              1588.46

                       Stafford                                    4130                 2.6              1588.46
                       Surf City                                   1210                 2.6                465.38


                                            Total               226265                                     87025


                       Source: Ocean County Planning Board







                      POPULATION ESTIMATES AND ASSOCIATED HOUSING REQUIREMENTS



                                                     Estimated              People/       #Dwelling Units
                      Municipality              1986 Population           Household              Needed

                      Barnegat                                10576                  2.6               4067.69
                      Barnegat   Light                            746                2.6                286.92
                      Bay Head                                  1381                 2.6                531.15

                      Beachwood                                 8657                 2.6               3329.62
                      Berkeley                                35278                  2.6             13568.46
                      Brick                                   65077                  2.6             25029.62


                      Dover                                   74688                  2.6             28726.15
                      Harvey Cedars                               391                2.6                150.38
                      Island Heights                            1676                 2.6                644.62

                      Jackson                                 31585                  2.6             12148-08
                      Lacey                                   19762                  2.6               7600.77
                      Lakehurst                                 2923                 2.6               1124.23


                      Lakewood                                41043                  2.6             15785.77
                      Lavalette                                 2238                 2.6                860.77
                      Long Beach                                3831                 2.6               1473.46


                      Manchester                              33773                  2.6             12989.62
                      Mantoloking                                 452                2.6                173.85
                      Ocean                                     4325                 2.6               1663.46


                      Ocean Gate                                1523                 2.6                585.77
                      Pine Beach                                1850                 2.6                711.54
                      Plumsted                                  5333                 2.6               2051.15


                      Point Pleasant                          19254                  2.6               7405.38
                      Point Pleasant Beach                      5678                 2.6               2183.85
                      Seaside Heights                           2003                 2.6                770.38

                      Seaside Park                              2021                 2.6                777.31
                      Ship Bottom                               1814                 2.6                697.69
                      South Toms River                          3975                 2.6               1528.85


                      Stafford                                13162                  2.6               5062.31
                      Surf City                                 1649                 2.6                634.23



                                        Total                396664                                    152563



                      Source: Ocean County Planning Board







                      POPULATION AND ASSOCIATED HOUSING REOUIREMENTS



                                                                           People/        #Dwelling Units
                      Municipality             1990 Population            Household               Needed

                      Barnegat                                12235                2.94                   4163
                      Barnegat   Light                            675              2.05                     330
                      Bay Head                                  1226               2.31                     530

                      Beachwood                                 9324               3.06                   3047
                      Berkeley                                37319                2.12                   17614
                      Brick                                   66473                2.66                   24965


                      Dover                                   76371                2.79                   27357
                      Harvey Cedars                               362              2.06                     176
                      Island Heights                            1470               2.64                     557

                      Jackson                                 33233                2.99                   11116
                      Lacey                                   22141                2.78                   7957
                      Lakehurst                                 3078               3.04                   1013


                      Lakewood                                45048                2.75                   16352
                      Lavalette                                 2299               2.15                   1070
                      Long Beach                                3407               2.05                   .1661

                      Manchester                              35976                1.94                   18512
                      Mantoloking                                 334              2.01                     166
                      00ean                                     5416               2.60                   2087


                      Ocean Gate                                2078               2.49                     834
                      Pine Beach                                1954               2.64                     740
                      Plumsted                                  6005               2.87                   2089


                      Point Pleasant                          18177                2.59                   7008
                      Point Pleasant Beach                      5112               2.47                   2068
                      Seaside Heights                           2366               4.33                   1015

                      Seaside Park                              1871               2.28                     820
                      Ship Bottom                               1352               2.08                     649
                      South Toms River                          3869               3.61                   1073


                      Stafford                                13325                2.61                   5115
                      Surf City                                 1375               2.08                     661



                                        Total                413871                                     160745



                      Source: Rutgers University Center for Urban -Policy Research






                      POPULATION PROJECTIONS AND ASSOCIATED HOUSING REQUIREMENTS


                                                     Projected             People/        #Dwelling Units
                      Municipality              1995 Population           Household               Needed

                      Barnegat                                 12926                2.86                  4520
                      Barnegat   Light                             705              1.98                    356
                      Bay Head                                   1271               2.27                    561

                      Beachwood                                10154                3.04                  3342
                      Berkeley                                 41875                2.09                 20063
                      Brick                                    71913                2.61                 27527


                      Dover                                    82178                2.75                 29883
                      Harvey Cedars                               376               2.00                    188
                      Island Heights                             1511               2.58                    585

                      Jackson                                  35857                2.93                 12246
                      Lacey                                    24855                2.76                  8993
                      Lakehurst                                  3200               2.98                  1073


                      Lakewood                                 48546                2.73                 17776
                      Lavalette                                  2449               2.11                  1161
                      Long Beach                                 3544               2.00                  1769

                      Manchester                               40379                1.92                 21030
                      Mantoloking                                 343               1.95                    176
                      Ooean                                      5940               2.58                  2302


                      Ocean Gate                                 2250               2.46                    916
                      Pine Beach                                 2067               2.61                    792
                      Plumsted                                   6376               2.83                  2252


                      Point Pleasant                           18850                2.54                  7413
                      Point Pleasant Beach                       5251               2.42                  2172
                      Seaside Heights                            2560               2.30                  1111

                      Seaside Park                               1967               2.25                    876
                      Ship Bottom                                1416               2.03                    698
                      South Toms River                           3938               3.54                  1112


                      Stafford                                 14842                2.58                  5754
                      Surf City                                  1436               2.03                    709



                                        Total                448975                                     177356



                      Source: Rutgers University Center for Urban      Policy Research







                      POPULATION PROJECTIONS AND ASSOCIATED HOUSING REQUIREMENTS



                                                     Projected             People/        #Dwelling Units
                      Municipality             2010 Population           Household                Needed

                      Barnegat                                15000                2.71                   5526
                      Barnegat   Light                           780               1.82                     429
                      Bay Head                                   1376              2.15                     641

                      Beachwood                               12508                2.99                   4179
                      Berkeley                                55181                2.02                 27283
                      Brick                                   87175                2.50                 34836


                      Dover                                   98314                2.66                 36988
                      Harvey Cedars                              409               1.85                     221
                      Island Heights                             1598              2.45                     653

                      Jackson                                 43186                2.79                 15468
                      Lacey                                   32782                2.73                 12029
                      Lakehurst                                  3497              2.85                   1227


                      Lakewood                                58295                2.68                 21750
                      Lavalette                                  2858              2.02                   1415
                      Long Beach                                 3878              1.89                   2054

                      Manchester                              53239                1.87                 28439
                      Mantoloking                                362               1.78                     203
                      Omm                                        7439              2.55                   2914


                      Ocean Galee                                2733              2.38                   1148
                      Pine Beach                                 2369.             2.54.                    932
                      Plumsted                                   7373              2.73                   2700


                      Point Pleasant                          20453                2.42                   8453
                      Point Pleasant Beach                       5545              2.28                   2430
                      Seaside Heights                            3103              2.25                   1380

                      Seaside Park                               2218              2.16                   1027
                      Ship Bottom                                1579              1.90                     830
                      South Toms River                           4045              3.37                   1199


                      Stafford                                19248                2.53                   7620
                      Surf City                                  1589              1.89                     841



                                       Total                 548132                                    224815



                      Source: Rutgers University Center for Urban      Policy Research








              An Analysis of Pollutant Loadings over Time for each Municipality in the
                                          Barnegat Bay Watershed

              Methodology:

                    An analysis was conducted to assess pollutant loadings from each municipality
              in the Bamegat Bay Study Area. Estimates of pollutant loadings were determined by
              using land use data from the Geographical Information System (GIS) and pollutant
              loading factors from research done by T.R. Schueler. In order to accurately determine
              pollutant loadings to the Bamegat Bay, extensive water quality monitoring would have
              to be performed and the layout of the stormwater sewer system would have to be
              known in developed areas. This information would allow a researcher to establish the
              amount of pollutants that are being discharged into the Bay by examining land use
              activities and drainage patterns.

                    Unfortunately, the necessary data to conduct such an analysis is not available
              at this time. Therefore, a simplified method was used to estimate pollutant loadings for
              this study. The method used here is the same method that was utilized by Rogers,
              Golden and Halpern (RGH) in the Profile of the Barnegat Bay. In the Profile, RGH
              compared pollutant loadings from two watersheds, one that was highly developed and
              one in early developing stages. RGH calculated the percent impervious coverage for
              different land use categories. The acres of each land use category was multiplied by
              this percent impervious coverage number. The resulting figure was than multiplied by
              pollutant loading factors provided by T.R. Schueler.

                    For the current analysis, a comparison was conducted using information on
              1972 land use patterns, 1986 land use patterns and zoning data. When determining
              the percent of impervious coverage for 1986 land use, information that was collected
              by Cahill Associates for the report Limiting Nonl2oint Source Pollution From
              Developmenj on the New Jersey Coastal Zone was utilized. Cahill Associates data
              provides a more accurate number for percent impervious coverage of certain land
              uses. This may explain why, in fully developed communities, pollutant loadings
              calculated on zoning are less than pollutant loadings for 1986 land use. In addition,
              the analysis that was conducted here will be expanded in the future to include the
              methodology developed by Cahill Associates in their report.

              Resultse

                    It should be noted that this study was conducted within the Barnegat Bay Study
              Area, and therefore, the municipalities which are not totally within the study area will
              not have pollutant loadings for their entire geographical boundaries. Between 1972
              and 1986 pollutant loadings from municipalities in the Barnegat Bay Study Area
              increased by over 50%. Furthermore, projections show that pollutant loadings will
              increase over 40% if municipalities are fully developed. Many of the smaller
              municipalities were almost completely developed by 1986. These municipalities must
              now focus on nonpoint source educational programs and incorporating structural
              stormwater pollutant controls for any redevelopment that takes place. For
              municipalities with land available for development in 1986, graphs were created to
              show the increase in pollutant loadings if full development, according to' zoning, is









               realized. Also, additional maps were plotted for these municipalities displaying the
               municipal zoning for this developable land. By examining both the graphs and the
               maps, these municipalities will be able to visualize the impacts of future development
               on the Barnegat Bay. Again, these municipalities must focus on formulating strong
               educational programs for controlling nonpoint source pollution. However, where there
               is land available for development, additional-measures may be taken such as
               structural stormwater controls and alterations tu land development patterns.


               REFERENCES:

               CAHILL ASSOCIATES for New Jersey Department of Environmental Protection and
               Energy, Spring1992. Limiting Nonpoint Source Pollution from New Development in
               the New Jersey Coastal Zone. West Chester, PA. -

               SCHUELER, T. R., 1987. Qontrolling Urban Runoff: A Practical Manual for Planning
               and Designing Urban BMPs. Department of Environmental Programs, Metropolitan
               Washington Council of Governments.






                              POLLUTANT LOADINGS FOR 1986 LAND USE


                                                               POUNDS/YEAR


               MUNICIPALITY PHOSPHOROUS NITROGEN                                              BOD              ZINC       LEAD

               Barnegat Light                    235.60                    1809-34            4636.28          33.93         17.65
               Barnegat                          43561                     5134.69            4621.90          62.84         31.94
               Bay Head                          165.71                    1277.28            3256-06          23.65         12.22
               Beachwood                         568-63                    4397-51            11159.77         80.63         42.66
               Berkeley                          3425.91                   7047.07            #987.21          491.53     248.54
               Brick                             4140.08                31933.71              79822.49         588.96     309.82
               Dover                             4997.47                38471.28              98126.28         710.11     371.97
               Harvey Cedars                     136.50                    1054.19            2679.40          19.27         10.38
               Island Heights                    107.51                    827AO              2112-26          14.94         8.54
               Jackson                           5022.49                38601.24              98685.94         720.37     361.98
               Lacey                             2100.51                16195A7               41230.90         300.16     153.24
               Lakehurst                         134A5                     1031-59            2638.18          19A5          9.73
               Lakewood                          2278.87                17554-54              44735-33         324-25     170.51
               Lavallette                        237.58                    1830.67            12466.14         34.28         17.00
               Long Be4ch                        283.22                    2185.42            5560-90          39.71         21-95
               Manchester                        3166.90                24390.22              62204.36         452.05     232.91
               Mantoloking                       10837                     835.01             2127.91          15.39         10.44
               Ocean Gate                        13837                     1070.25            2712.91          19.58         8.12
               Ocean Township                    447.59                    3449.73            8024.74          49.35         31.14
               Pine Beach                        175A1                     1355.04            3442.26          24.91         13.15
               Point Pleasant Beach              757.02                    -5%826A1           14879-57         108.64        54.70
               Point Pleasant                    1585.74                12185M                31198.43         227.68     114.80
               Seaside Heights                   224.77                    1728.93            4420.93          32.39         16.11
               Seaside Park                      293.12                    2253.64            5766.31          42.34         20.92
               Ship Botborn                      67.10                     517.91             1317.23            9.56        5.19
               South Toms River                  238.22                    1840.53            ,4676-32         33.59         17.65
               Stafford                          376.89                    2899.40            7388.31          53-36         26.14
               Surf City                         274.24                    2111.75            5391.11          39.23         20.12


               TOTAL                           32123.78                 229816.04          583269.43         457215       2359.52






                                    POLLUTANT LOADINGS AT BUILD OUT


                                                                POUNDS/YEAR


          MUNICIPALITY PHOSPHOROUS NITROGEN                                                  BOD           ZINC                  LEAD


          Barnegat Light                           162.78                 1249.89            3196.35            23.47               11.73
          Barnegat                                 1979.36                15227.02           38908.64           285.93              143.36
          Bay Head                                 377.32                 2898.82            7413.02            .54.24              27.12
          Beachwood                                954.46                 7316.48            18693.94           139.2               70.14
          Berkeley                                 15810-75               121446.03          309026.77          2249.38             1145.07
          Brick                                    5328.07                40930.28           104566.14          766.85              385.56
          Dover                                    8405.10                64648.5            165084.5           1208.37             607.91
          Island Heights                           190.06                 1457.22            3726.76            27.59               13.79
          Harvey Cedars                            9138                   699.66             1789.38            13-36.              6.68
          Jackson                                  12847.2                99056-01           252555.32          1833.42             930.1
          Lacey                                    5190.65                40306-54           101889.73          747.44              377.93
          Lakehurst                                396.55                 3049.13            7789.01            56.91               28.71
          Lakewood                                 6150.99                47335.21           120775.67          822.45              447.93
          Lavallette                               149.84                 1149.49            2939.72            21.7                10.85
          Long Beach                               296.77                 2270.42            5806.96            43@55               3-52
          Manchester                               7035.3                 54317.27           138126.24          1001.96             520.99
          Mantoloking                              55.19                  422.14             1079.69            8.11                4.06
          Ocean Gate                               78.86                  604.22             1545.29            11.49               5.75
          Ocean Township                           2083.91                16026.78           40872A7            300.06              153.39
          Pine Beach                               115.64                 887.01             2266.28            16.8                8.45
          Point Pleasant Beach                     W8.09                  4"1.42             11355.42           83.13               41.64
          Point Pleasant                           969.67                 7450.33            19036.94           140.14              70.65
          Seaside Heights                          190.84                 1471.38            3750.21            27.16               13.94
          Seaside Park                             17OA7                  1310.6             3344.87            24-53               12.46
          ship B6ttom                              151.74                 1168-52            2982.95            @21.64              10.97
          South Toms River                         225.77                 173321             4431.73            32.59               16-3
          Stafford                                 2788.53                21438.13             54796            404.26              200-53
          Surf City                                164.21                 1259.29            3220.54            23.81               35.34


          TOTAL                                    72939.5                561M           1430970.54         10389-54             5304.87


















                                                STAGES OF DEVELOPMENT
                                                           I N THE
                                              BARNEGAT      BAY STUDY AREA










                                                   0 DEVELOPED LAND 1972

                                                      DEVELOPED LAND 1986

                                                   El UNDEVELOPED LAND











                                                           NIDEPE

















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                                              BARNEGAT BAY STUDY AREA
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                                               BARNEGAT BAY STUDY AREA
                                         POLLUTANTS FROM STORMWATER RUNOFF
                                               1986 LAND USE VS. BUILD OUT

                              2000000 -












                              1000000 -                                                            1986 LAND USE
                       0
                                                                                                   BUILD OUT













                                   0-
                                        PHOSPHOROUS        NITROGEN            BOD



                                                         POLLUrANTS













                                                    BARNEGAT BAY STUDY AREA
                                             POLLUTANTS FROM STORMWATER RUNOFF
                                                   1986 LAND USE VS. BUILD OUT

                                     12000-





                                     10000-





                                    8000-


                                                                                                              1986 LAND USE

                                                                                                              BUILD OUT
                                    6000.



                            0
                                    4ooo-





                                    2000-





                                        0-
                                                      LEAD                        ZINC




                                                               POLLUTANTS
























          RESULTS FOR MUNICIPALITIES WITHIN THE BARNEGAT BAY
         STUDY AREA THAT HAVE LAND AVAILABLE FOR DEVELOPMENT

















                       STACES OF DEVELOPMENT IN BARNECAT TWP


                                                 POPULATION - 12201
                                                 SIZE   39.873 SQ.MI.

















        ..18 DEVELOPED LAND 1872

         0 DEVELOPED LAND 1986

         0 UNDEVELOPED LAND

















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                                   POLLUTANTS FROM STORMWATER RUNOFF
                                          1986 LAND USE VS. BUILD OUT

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                                                                                                  1986 LAND USE

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                                                                    STAGES OF
                                                                DEVELOPMENT IN
                                                                 BERKELEY TWP


                                                                 POPULATION - 36256
                                                                SIZE    51.609 SQ.MI.




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                                                              10  DEVELOPED LAND 1972

                                                              M   DEVELOPED LAND 1986

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                                                             BERKELEY TOWNSHIP
                                             POLLUTANTS FROM STORMWATER RUNOFF
                                                       1986 LAND USE VS. BUILD OUT

                                 3000-










                                 2000-




                                                                                                                              11986. LAND USE

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                                                                                            LEAD



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                              STAGES OF DEVELOPMENT IN BRICK TWP



                                                    POPULATION - 86225
                                                    SIZE   32.212 SQ.MI.














                                                   0 DEVELOPED LAND 1972
                                 A

                                                   0 DEVELOPED LAND 1986
                                                   0. UYDEVELOPED LAND

















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                                                         BRICK TOWNSHIP
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                                                1986 LAND USE VS. BUILD OUT

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                                                     BRICK TOWNSHIP
                                    POLLUTANTS FROM STORMWATER RUNOFF
                                            1986 LAND USE VS. BUILD OUT

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                                                                                                      19N LAND USE
                           400-
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     STAGES     OF DEVELOPMENT IN DOVER T

                                     POPULATION - 76029
                                     SIZE   53.325 SQ.MI.




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                                            POLLUTANTS FROM STORMWATER RUNOFF
                                                      1986 LAND USE VS. BUILD OUT

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                                                                  DOVER TOWNSHIP
                                              POLLUTANTS FROM STORMWATtR RUNOFF
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               STACES OF DEVELOPMENT IN JACKSON TWP



                                                                 POPULATION  32832
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                                                                SIZE  100.652 SQ.MI.


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                                                             0 DEVELOPED LAND 1972

                                                             N DEVELOPED LAND 1986

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                                                   ol               JACKSON TWP
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                                            POLLUTANTS FROM STORMWATER RUNOFF
                                                   1986 LAND USE VS. BUILD OUT

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                                          POLLUTANTS FROM STORMWATER RUNOFF
                                                   1986 LAND USE VS. BUILD OUT

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    & DEVELOPED LAND 1972                           POPULATION - 21999
                                                    SIZE   101.170 SQ.MI.
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    0 UNDEVELOPED LAND

















                                                                   ZONINC FOR AVAILABLE LAND IN LACEY TWP



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                                           POLLUTANTS FROM STORMWATER RUNOFF
                                                    1986 LAND USE VS. BUILD OUT

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                                        POLLUTANTS FROM STORMWATER RUNOFF
                                                1986 LAND USE VS. BUILD OUT

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             ZONINC FOR AVAILABLE LAND IN LAKEHURST BORO





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                     STACES OF DEVELOPMENT IN LAKEHURST BORO


                               POPULATION - 3041
                               SIZE   1.006 SQ.MI.
















                                                On%



                                                M DEVELOPED LAND 1972

                                                E DEVELOPED LAND 1986

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                                                             LAKEHURST BORO
                                           POLLUTANTS FROM STORMWATER RUNOFF
                                                    1986 LAND USE VS. BUILD OUT

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                                 6000-






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                                           POLLUTANTS FROM STORMWATER RUNOFF
                                                    1986 LAND USE VS. BUILD OUT

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                  STACES OF DEVELOPMENT IN LAKEWOOD TWP



                                     I @kb,                 POPULATION - 44920
                                                            SIZE   25.05 SQ.MI.





                                       16 41

                                                          .99 DEVELOPED LAND 1972
                                ;gw                        0 DEVELOPED LAND 1986
                                                           0 UNDEVELOPED LAND

















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                                 POLLUTANTS FROM STORMWATEn RUNOFF
                                        1986 LAND USE VS. BUILD OUT

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                                      POLLUTANTS FROM STORMWATER RUNOFF
                                              1986 LAND USE VS. BUILD OUT

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                                                                                                        1986 LAND USE

                                                                                                        BUILD OUT
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                             200-






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                                              ZINC                          LEAD



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     STAGES     OF DEVELOPMENT IN
           MANCHESTER TWP
                                                                POPULATION   35457
                                                                SIZE   62.702 SQ.M[.

















                                                      0 DEVELOPED LAND 1972

                                                      E DEVELOPED LAYD 1986

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                                            POLLUTANTS FROM STORMWATER RUNOFF
                                                      1986 LAND USE VS. BUILD OUT

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                                              POLLUTANTS FROM STORMWATER RUNOFF
                                                         1986 LAND USE VS. BUILD OUT

                                   1200





                                    1000-





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                                                                                                                              BUILD OUT
                                    600-



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                  STAGES OF DEVELOPMENT IN OCEAN TWP



       * DEVELOPED LAND 1972                     POPULATION - 5378
       * DEVELOPED LAND 1986                     SIZE   32.451 SQ.MI.

       * UNDEVELOPED LAND





















                                                                  C3
















                ZONINC FOR AVAILABLE LAND IN OCEAN TWP




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                                      14
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                                                               OCEAN TOWNSHIP
                                             PO  LLUTANTS FROM STORMWATER RUNOFF
                                                       1986 LAND USE VS. BUILD OUT

                                50000






                                40000.






                                30000.

                     w

                                                                                                                           1986 LAND USE
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                     z                                                                                                      BUILD OUT
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                                                        OCEAN TOWNSHIP
                                        POLLUTANTS FROM STORMWATER RUNOFF
                                                1986 LAND USE VS. BUILD OUT

                               400-








                               300-








                                                                                                            1986 LAND USE
                               2oo-
                                                                                                            BUILD OUT

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                                                 ZINC                          LEAD



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                   STAGES OF DEVELOPMENT IN STAFFORD WP


                                               POPULATION - 13200
                                              SIZE   55.115 SQ.MI.













                                                                            bc@




                   LAND 1972

      N DEVELOPED LAND 1986

      0  UNDEVELOPED LAND
















               ZONINC FOR AVAILABLE LAND IN STAFFOR TWP












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       M INDUSTRIAL








                                                      STAFFORD TOWNSHIP
                                         POLLUTANTS FROM STORMWATER RUNOFF
                                               1986 LAND USE VS. BUILD OUT

                              60000-





                              50000-





                              40000-


                    m

                    Lu
                              30000-                                                                          19M LAND USE

                                                                                                              BUILD OUT
                    z
                    0
                    0

                              20000-





                              10000-





                                 0
                                        PHOSPHOROUS            NnTK)GEN                BOD



                                                             POLLUTANT
                                   L










                                                          STAFFORD TOWNSHIP`
                                           POLLUTANTS FROM STORMWATER RUNOFF
                                                   1986 LAND USE VS. BUILD OUT

                                 Soo






                                 400-






                    cc           30o-

                    Lu

                                                                                                                      1986 LAND USE

                                                                                                                       BUILD OUT
                                 200-
                    0
                    CL





                                 100-






                                    CIA
                                                     ZINC                              LEAD



                                                                 POLLUTANT

























          RESULTS FOR MUNICIPALITIES WITHIN THE BARNEGAT BAY
                STUDY AREA THAT ARE TOTALLY DEVELOPED

















                                             STAGES OF DEVELOPMENT IN
                                                BARNECAT LICHT BORO


                                                     POPULATION - 646
                                                     SIZE - 1.003 SQ.MI.













                                                  * DEVELOPED LAND 1972

                                                  * DEVELOPED LAND 1986

                                                  0 UKDEVELOPRD LAND

















                                      STACES OF DEVELOPYENT IN
                                             BAY HEAD BORO



                                             POPULATION - IIS7
                                             SIZE - 0. 697 SQ.MI.














                                           M DEVELOPED LAND 1972

                                           0 DEVELOPED LAND 1986

                                           0 UNDEVELOPED LAND

















      STAGES OF DEVELOPMENT IN
          BEACHWOOD BORO


         POPULATION - 9294
         SIZE  2.789 SQ.MI.













                                                        M DEVELOPED LAND 1972

                                                        M DEVELOPED LAND 1986

                                                        0 UNDEVELOPED LAND
                                AF,4v

















                                                        TACES OF DEVELOPMENT
                                                          IN HARVEY CEDARS

















                                                      ER  DEVELOPED LAND 1972

                                                      E   DEVELOPED LAND 1986

                                                      13  UNDEVELOPED LAND

















                                           STAGES OF DEVELOPMENT IN
                                                   ISLAND HEIGHTS


                                                   POPULATION - 1358
                                                   SIZE   0.888 SQ.MI.


















                                                             ES DEVELOPED LAND 1972

                                                             N DEVELOPED LAND 1986

                                                             0 UNDEVELOPED LAND


















                                           STACES OF DEVELOPMENT IN
                                                  LONC BEACH TWP


                                                   POPULATION - 3269
                             b6                    SIZE  24.893 SQ.MI.







                     6


                                               E DEVELOPED LAND 1972
         NO                                    0 DEVELOPED LAND 1986
                                               0 UNDEULOPED LAND




                                                          N

                                                         OUDIFE

















                                            STAGES OF DEVELOPMENT IN
                                                   LAVALLETTE BORO


                                                    POPULATION - 2250
                                                    SIZE  D.707 SQ.MI.














                                                 0 DEVELOPED LAND 1972

                                                 0 DEVELOPED LAND 1986

                                                 0 UNDEVELOPED LAND



















                                      STAGES OF DEVELOPMENT IN
                                            MAJVTOLOKINC BORO



                                               POPULATION - 360
                                               SIZE - 0.697 SQ.Ml.














                                             0 DEVELOPED LAND 1972

                                             0 DEVELOPED LAND 19 86
                                                        !I
                                             0 UNDEVELOPED LAND






                                                     subirt
















           STACES OF DEVELOPMENT IN OCEAN CATE BORO


       M DEVELOPED LAND 1972                      POPULATION - 2021
       * DEVELOPED LAND 1986                      SIZE   0.437 SQ.MI.

       * UNDEVELOPED LAND

















               STACES OF DEVELOPMENT IN PINE BEACH BORO

             POPULATION   1946                               99 DEVELOPED LAND 1972
            SIZE   D.637 SQ.MI.
                                                             0 DEVELOPED LAND 1986

                                                             0 UNDEVELOPED LAND

















                                                STAGES OF DEVELOPMENT IN
                                               POINT PLEASANT BEACH BORO




                                                         POPULATION - 5116
                                                         SIZE    1. 764 SQ.MI.-











                                                       E DEVELOPED LAND 1972

                                                       0 DEVELOPED LAND 1986

                                                       0 UNDEVELOPED LAND


















                                                      STAGES OF DEVELOPMENT IN
                                                         PT. PLEASANT BORO


                                                            POPULATION - 18110

                                                            SIZE   4.223 SQ.MI.














                                                              IN DEVELOPED LAXV 1972

                                                              0 DEVELOPED LAND 1986

                                                              0 UNDEVELOPED LAND



                                                                       N


















                                                       STAGES OF DEVELOPMENT

                                                      IN SEASIDE HEIGHTS BORO


                                                            POPULATION - 2198
                                                            SIZE - 0.51f SQ.MI.














                                                         18 DEVELOPED LAND 1972

                                                         0 DEVELOPED LAND 1986

                                                         0 UNDEVELOPED LAND


















                                          STACES OF DEVELOPMENT IN
                                               SEASIDE PARK BORO


                                                  POPULATION - 1767
                                                  SIZE   1.073 SQ.MI.














                                              IM DEVELOPED LAND 1972

                                              0 DEVELOPED LAND 1886
                                             0 UNDEVELPPED LAND


















                                                      TACES OF DEVELOPMENT
                                                           IN SHIP BOTTOM






                                                                   POPULATION - 1317
                                                                  SIZE - 0. 988 SQ. MI.













                                                           0 DEVELOPED LAND 1972

                                                           0 DEVELOPED LAND 1986

                                                           0 UNDEVELOPED LAND

















           STACES OF DEVELOPMENT IN S             OUTH TOMS RIVER BORO

                                               POPULATION - 3866
                                               SIZE   1.234 SQ.MI.



















                                                             0 DEVELOPED LAND 1972

                                                             E DEVELOPED LAYD 1986

                                                             0 UNDEVELOPED LAND


















                                                     STAGES OF DEVELOPMENT
                                                       IN SURF CITY BORO



                                                           POPULATION - 1341
                                                          SIZE - 1.320 SQ.MI.














                                                        19 DEVELOPED LAND 1972

                                                        0 DEVELOPED LAND 1986

                                                        I I
                                                        0 UNDEVELOPED LAND





















  t,









                                    APPENDIX 5


                            GROWTH MANAGEMENT OPTIONS










                    A WATERSHED MANAGEMENT PLAN FOR BARNEGAT BAY
                 DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY
                             LIST OF GROWTH MANAGEMENT OPTIONS


                GROWTH MANAGEMENT TECHNIQUES

                Zoning
                Development Allocation
                SitinglTiming of Utilities and Public Facilities
                Cluster Development
                Planned Unit Development
                Incentive Zoning
                Conservation Zoning
                Impact Fees
                Donation of Property
                Transfer of Development Right
                Transfer of Development Credits
                Regional Tax Base Sharing
                Public Fee Simple Acquisition
                Land Banking
                Development Criteria Point System/
                Performance Zoning


                Method #1
                Zoning

                Descriplion
                Zoning controls land uses and standards regarding lot area, development
                density, height and bulk of buildings.

                Brief Assessment
                Traditional zoning was originally created to protect public health and safety and
                separate land uses. The model zoning act was based on New York City's
                ordinance which was designed for a development pattern which generally
                occurred lot by lot. Traditional zoning was also strongly affected by the
                Supreme Court case Village of Euclid v. AMbler Realty Co., which supported
                the protection of neighborhoods of single-family detached houses. In general,
                zoning was not designed for growth management; the original goals did not
                include the prevention of sprawl or the protection of natural resources. For this
                reason, attempts to do this have had to expand on the original structure.

                In New Jersey the power to zone is provided to the municipalities by the state
                through the Municipal Land Use Law (Chapter 291, Laws of N.J. 1975) . Part of
                this power is the ability to provide a variety of variances. to the existing zoning
                requirements. As per the law, a development application can only go before the
                planning board 2r the zoning board of adjustment. Some variances.can only be
                issued by the zoning board, therefore some development applications only


                                                   1








                 appear before the zoning board for both a variance and site plan or subdivision
                 review. Typically, the role of zoning boards is to focus on case-by-case issues,
                 --rather than have a more comprehensive planning approach. Therefore, a gap
                 ,can exist between the planning process and development regulation.
                 there is also a separate, but related, phenomenon which affects the ability of
                 zoning to serve as a means of growth management. The property tax system
                 encourages municipalities to seek certain types of revenue-producing
                 development in order to fund public services. Hence, fiscal interests often drive
                 zoning decisions and conventional zoning does not serve well to manage
                 growth.

                 In summary, zoning is one means by which the municipalities around Barnegat
                 Bay can regulate development,. however, by itself it is not sufficient to manage
                 growth.


                 Method #2
                 Development Allocation

                 Description
                 The above term refers to having a predetermined amount of growth allocated to
                 each geographic or political area (1)based on vacant developable land (some
                 percent of vacant land can be developed OR (2)allocate additional pollutant
                 loading by watershed or municipality based on actual or calculated pollutant
                 loading (e.g., allow some percent increase over current total loadings, or some
                 percent increase over pollutant loading from undeveloped land)

                 Brief Assessment
                 1. Advantages
                 Easy to calculate and administer. Can provide some flexibility to the extent that
                 there is more demand than allocation available. In this case, the administering
                 Iagency could select the "best" proposals based on environmental or oth eir
                 criteria, or could dispense the allocation on a first come, first served basis.
                   DisadvantaM
                 Unless development proposals must compete for limited allocation based on
                 their water quality "performance", there would be no incentive to control
                 pollutant loadings from new development (although loadings could be reduced
                 through use of development standards). Need to also require monitoring to
                 determine whether water or resource quality is affected by additional
                 development.

                 2. Advantages
                 This option provides incentives for approval of "non-polluting" development
                 forms and technologies (the "cleaner"the development, the more growth can
                 occur). The growth allocation can be used as a total pollutant budget;
                 successful nonpoint source remediation efforts associated with existing
                 development could be "traded" for new development as long as there is no
                 increase in pollutant loading.



                                                       2









                   Disadvanta=
                 May result in resource degradation unless impacts are monitored. This type of
                 .-program will be difficult to support on technically quantifiable grounds; some
                 'level of generalization and "rules of thumb" will have to be accepted by the
                 regulatory and regulated communities. (Because it would be hard to accurately
                 quantify water quality degradation and its relationship to land use,
                 municipalities might be able to use other, less directly related, means of
                 measurement such as increased traffic congestion or loss of open space.)
                 Implementation would be more complicated than an allocation program based
                 on developable land. It may be difficult to incorporate consideration of aerial
                 deposition, which is a significant component of pollutant loadings in some
                 locations.

                 In addition, the fact that building ."cleaner' development means that more growth
                 can occur can also result in loss of open space and a lowered quality of life.

                 In summary, this type of program may not be applicable to the Barnegat Bay
                 watershed in the near future for the following reasons: 1) there needs to be a
                 well established on-going monitoring program 2) there needs to be a
                 governmental authority with the means and incentive to implement it 3) it
                 doesn't directly take into consideration factors such as traffic congestion, loss of
                 open space or general degradation of the quality of life. However, such a
                 program may be found to be more applicable in the long term.


                 Method #3
                 Siting/Timing of Utilities and Public Facilities

                 Descriplion
                 This growth management technique directs development to areas currently
                 served by adequate public facilities or to which public facilities can concurrently
                 be provided within an identified service area. This is known as a "concurrency"
                 requirement. Development is then directed away from areas not scheduled for
                 service. Planning can be done through use of the municipal Capital
                 Improvements Program because the Municipal Land Use Law requires that all
                 actions which require the expenditure of public funds must be referred to the
                 municipal planning board for review and recommendation.

                 Brief Assessment
                 Use of this method requires that the area to be preserved has to not already
                 have services or have limited capacity. Also, the assumption is made that land
                 will be able to be developed eventually as the service area expands; it does not
                 differentiate between land which can be developed and environmentally
                 sensitive areas or other open space which should not. In order for this method
                 to be successful, there needs to be consistency between regulatory programs at
                 the state, county and local levels. In addition, a new development should not
                 lower a public facility's level of service below the established standard.
                 Therefore, in order to encourage concentration of development, lower levels of
                 service need to be provided for areas of denser development. These areas


                                                        3








                  should then be given priority for capital expenditures for facility renovation and
                  expansion.
                  in summary, this method could be applicable as part of a larger growth
                  management program.


                  Method #4
                  Cluster Development

                  Description
                  Cluster development provides the option of grouping units closer together than
                  permitted by local zoning. The purpose behind this type of development is
                  usually so that the rest of the parcel can be preserved as open space.

                  Brief Assessment
                  Clustering of units reduces the infrastructure requirements, as well as the need
                  for other services. It also provides environmental and aesthetic benefits by
                  reducing land area used for development. The Municipal Land Use Law
                  requires that if municipalities want to use clustering, they must adopt an
                  ordinance specifying the standards, though clustering can be optional or
                  mandatory. The principal requirement for success is that a community, know
                  well in advance, on an areawide basis, what land it wants to protect (HAMILL et
                  al., 1989). The degree to which clustering accomplishes a significant saving of
                  land, while providing an attractive and comfortable living environment, depends
                  largely on the quality of the zoning regulations and the expertise of the
                  development designer (DeGROVE, 1991). If overall density is figured for the
                  whole parcel, rather than the net buildable area, the result may be more
                  dwelling units than would have been allowed under conventional subdivision
                  regulations.


                  Method #5
                  Planned Unit Development

                  Description
                  A planned unit development (PUD) is a large scale version of clustering (see
                  above). The PUD concept permits mixture of uses (a PUD would typically
                  include residential, commercial, industrial, community and open space land
                  uses), promotes creativity of design, and encourages preservation of open
                  space (MONMOUTH, 1987). Use of PUDs allows density transfers and other
                  negotiations with developers within the requirements of the zoning classification
                  of the property.

                  Brief Assessment
                  A PUD can be required by municipality if necessary to protect natural areas.
                  areas to be protected should be on master plan maps (HAMILL et al., 1989).
                  The commercial and industrial features of a PUD can serve a dual purpose.
                  Besides providing goods and services and employment opportunities, these



                                                           4








                  non-residential uses provide a source of tax ratables and help in offsetting the
                  costs of public services. In this manner it is possible for a PUD to "pay its own
                  -,way" and enables a community to avoid the impacts normally associated with
                  large-scale growth. Those land uses which generate moderate revenues (i.e.,
                  residential) can be scheduled to coincide with the development of land uses
                  which generate greater revenues, such as commercial and/or industrial facilities
                  (MONMOUTH, 1987).


                  Method #6
                  Incentive Zoning

                  Descriotion
                  Incentive zoning allows development at higher densities in return for the
                  developer providing amenities offering a benefit to the community. As an
                  example of growth management using incentive zoning, a developing
                  community may allow a developer to build at a higher density than permitted by
                  the zoning ordinance provided the development is staged over a period of time.
                  The staging of development would allow the community time to provide the
                  necessary public services (MONMOUTH, 1987).

                  Brief Assessment
                  Bonus or incentive zoning provides flexibility in land use decisions. The
                  municipality typically retains discretion to permit or deny a specific proposed
                  "bonusable" amenity. Furthermore, implementation does not demand a
                  sophisticated or expensive administrative program. Bonus or incentive zoning
                  will generally be upheld so long as it promotes a reasonable governmental
                  objective. A bonus or incentive zoning system is appropriate when a
                  community decides to encourage rather than require the provision of certain
                  benefits. Communities frequently use a hybrid system. Some public amenities
                  or facilities are required. Others may, at the developers option, be provided in
                  exchange for a density bonus. The decision whether to mandate or encourage
                  public amenities through density bonuses is generally a political one; however,
                  municipalities may decide to use a bonus system rather than an exaction
                  program to avoid legal challenges. The municipality @must ensure that the
                  underlying zoning, absent any bonuses granted, leaves the owner with some
                  economic use of that land (MARINE LAW INSTITUTE, 1988).


                  Method #7
                  Conservation Zoning

                  Description
                  Conservation zoning is a means by which municipalities can protect
                  environmentally sensitive areas which may not already be protected by State
                  law. (This goal differs from that of most zoning, which is usually to put order to
                  development.) Conservation zoning requires that the municipality first identify
                  sensitive areas through a natural resources inventory, then show these areas
                  on the municipal zoning map, then limit development through means such as


                                                           5








                 minimum lot size requirements. The Township of Marlboro in Monmouth
                 County makes use of conservation zoning. A copy of the applicable ordinance
                Js attached.


                 Brief Assessment
                 The zoning ordinance must be strong enough to effectively protect the sensitive
                 area, yet permit a land use which renders the ordinance politically and legally
                 acceptable. With this in mind, the municipality should be prepared to
                 demonstrate that the area includes a sensitive resource which it is in the public
                 interest to protect and that the zoning will, in fact, protect it. Another major
                 objective in designing land use controls such as conservation zoning is
                 permitting enough development to guard against court challenges and to satisfy
                 voters that the regulations are not too restrictive (COUGHLIN, 1991).


                 Method #8
                 Impact Fees

                 Description
                 Impact fees are payments made by the developer to a community to cover the
                 costs of new public services which the development will require.

                 Brief Assessment
                 Impact fees help pay for the effects of development on a community's
                 infrastructure, but they are not a means of directing growth.


                 Method #9
                 Donation of Property

                 Descriplion
                 A land owner can insure that their property will remain free from development in
                 perpetuity by making a tax-deductible contribution of their land, or the
                 development rights to the land, to a public body or to a private, non-profit group
                 (MONMOUTH, 1987). The land use restriction could Wso occur through
                 provision of a conservation easement.

                 Brief Assessment
                 Donation of property is a good means of preserving open space. However,
                 because it is usually a fairly random process, it has minimal benefit for growth
                 management.











                                                        6










                 Method #10
                 Transfer of Development Right
                 .-Transfer of Development Credits..

                 DescriQtion
                 Transfer of Development Rights
                 The right to develop a piece of land as allowed by zoning and land use controls
                 is one of the rights that comes with property ownership under the "bundle of
                 rights" theory (DeGROVE, 1991). Transfer of Development Rights (TDR) is a
                 means by which a community may allow a landowner to get development value
                 from their land, yet provide for the control of the direction of growth through the
                 designation of land as a "sending" (protection or preservation) or "receiving"
                 (growth) area. The development rights of the landowners in the "sending" area
                 may be bought by landowners in the "receiving" zone.so that the land in the
                 sending area is then restricted from development. After purchase of these
                 development rights landowners in receiving zones may develop at higher
                 densities than would have been allowed under conventional zoning.

                 Transfer of Development Credits
                 Transfer of Development Credits (TDC) is similar to TDR, but property owners in
                 both transfer and conservation zones are given options: to build at reasonable
                 densities "by right" or to pursue the transfer of development credits (HAMILL et
                 al., 1989).

                 Brief Assessment
                 Development of a TDR program would require an act of the legislature; a TDC
                 program would probably be upheld in court (HAMILL et al., 1989). TDR
                 programs tend to be quite complex and require the attention of dedicated
                 administrative personnel. TDR programs have met with mixed success. The
                 most commonly mentioned problems are'the lack of markets for TDRs (possibly
                 due to inadequate promotion of the program), and resentment by residents in
                 the receiving zone (who must contend with the dense development TDRs
                 allow). Large municipal programs have a mixed track record, though small
                 municipal programs seem to be doing well. Although municipalities have less
                 money with which to hire professional planners than bounties do, they may be
                 able to design and administer a program with more sensitivity. Designing the
                 receiving zone appears to be the area that requires the most care (DeGROVE,
                 1991).


                 Method #11
                 Regional Tax Base Sharing

                 Description
                 Within a system of regional tax base sharing tax benefits generated by new
                 development are pooled and redistributed within a county or metropolitan area
                 (MONMOUTH, 1987).




                                                      7










                 Brief Assessment
                 Regional tax base sharing removes the disincentive for protection of
                -,environmentally sensitive areas by public ownership and location of tax exempt
                 properties while preserving local autonomy and decision making and leaving
                 the existing tax base of each municipality untouched (MONMOUTH, 1987). This
                 system has been successfully used in the Hackensack Meadowlands in
                 northern New Jersey.


                 Method #12
                 Public Fee Simple Acquisition

                 Description
                 In this case, public fee simple acquisition involves the purchase of land by the
                 government in order to preserve open space for public purposes.

                 Brief Assessment
                 The success of this method is dependent on securing a source of funding, such
                 as a property tax, real estate transfer tax or municipal bond. Realistically, due to
                 the finite resources that could be available, land acquisition programs should
                 be expected only to complement and not replace appropriate techniques used
                 for growth management (DeGROVE, 1991).


                 Method #13
                 Land Banking

                 Description
                 Land banking means that government purchases land for later use in
                 accordance with a long-range master plan. When the land is ready to be used it
                 may be leased or sold to private owners. In the meantime, however, the
                 government has control of the land by virtue of its title and may rent it out for
                 temporary uses (WENGERT, 1979).

                 Brief Assessment
                 This device allows a community to control timing and location of development.
                 Although the government may receive some return on the land before selling it,
                 funds must still be raised for the initial capital outlay.


                 Method #14
                 Development Criteria Point System/
                 Performance Zoning

                 Descriplion
                 A set of locational and/or performance criteria is developed and points assigned
                 to each. Development applications are then judged relative to these criteria
                 and a total point score calculated. Proposals must receive a minimum number
                 of points to be considered acceptable and benefit from achieving higher scores.



                                                       8








                 An example of some potential point categories is: location (e.g. proximity to
                 infrastructure with adequate capacity); water quality protection; water-
                 _.dependent facilities, buffer enhancement; and habitat protection. An example of
                 a variety of a point system can be found in the Cecil County Chesapeake Bay
                 Critical Area Program for Cecil County, Maryland. (see attached) The Cecil
                 County system is set up as a contest. The land within 1000' of tidal waters is
                 divided into three categories ranging from more to less restrictive. Developers
                 have the option of attempting to get less restrictive requirements applied to their
                 parcel. In order to do this, their development proposal will be judged based on
                 the project design and points assigned for resource protection. The
                 applications are then ranked.

                 Another example of performance zoning is the Land Development Guidance
                 System (LDGS) in use in Fort Collins, Colorado... The LDGS includes two
                 classes of review criteria. There are 46 absolute criteria which developments
                 must satisfy to gain approval. They cover neighborhood compatibility,
                 compliance with adopted plans, minimum engineering and public service
                 requirements, and compliance with resource protection, environmental, and site
                 design standards. Each proposal, according to its category of land use, must
                 also achieve a specified minimum level of points with regard to variable criteria.
                 Projects can receive points for concentrating development, building mixed-use
                 or infill development, achieving transportation objectives, and increasing
                 density in residential development. Developers are thus rewarded for'
                 addressing the city's planning objectives (HAMILL et al., 1989).

                 Brief Assessment
                 Use of a point system has potential for growth management and environmental
                 protection, however, as has been found in Cecil County, Maryland, the process
                 can be quite cumbersome and often an applicant has to lay out a lot of money
                 before knowing whether a project will be approved. However, Fort Collins,
                 Colorado has found that the need for rezonings and variances has declined
                 and that decisions are contested less frequently (HAMILL et al., 1989).



                 LITERATURE CITED

                 COUGHLIN, ROBERT E., Spring 1991. Formulating and Evaluating Agricultural
                 Zoning Programs. Journal of the American Planning Association, 57, 183-192.

                 DeGROVE, JOHN M., (ed.),1991. Balanced Growth: A Planniag Guide fo
                 Local Government. International City Management Association, Washington,
                 D.C.

                 HAMILL, SAMUEL M., JR.; KEENE, JOHN C.; KINSEY, DAVID N.; LEWIS, and
                 LEWIS, ROGER K. for Middlesex Somerset Mercer Regional Council, 1989.
                 The Growth Management Handbook: A Primer for Citizen and Government
                 Planners.





                                                       9








               MARINE LAW INSTITUTE and Land Use Group, Robinson & Cole for New
               England/New York Coastal Zone Task Force, December 1988. Managong the
               -Shoreline for Water Dependent Uses: A Handbook of Legal Tools.

               MONMOUTH COUNTY PLANNING BOARD, February 1987. "Growth
               Management Techniques: A Growth Management Guide White Paper".

               WENGERT, NORMAN, 1979. National and State E:kperiences with Land Use
               Planning. In: Beatty, Marvin T., et al., (eds.), Planning the Use@ and
               Manaaement of Land.
















































                                                  10










                                CECIL COUNTY GROWTH ALLOCATION

                                                  POINT SYSTEM



               Establishing the Annual Point Schedule


                     The Planning Commission shall annually publish a notice of the opening of            the
               annual Growth Allocation point competition and the proposed point system.                 The
               public shall have thirty (30) days in which to comment in writing on the proposed
               point awards after which a final point system shall be adopted by resolution of the
               County Commissioners. Points will be assigned by the County in, but not limited to,
               tl,-: following categories:

                     1.   Development type
                     2.   Buffer enhancement
                     3.   Location
                     4.   Forest and Woodland    protection
                     5.   Habitat protection
                     6.   Water Quality protection
                     7.   Resource utilization
                     S. @ Water Dependent Facilities
                     9.   Erosion control

                     Applications for Growth Allocation must be consistent with the current zoning
              oT the property. No project for Growth Allocation will be accepted which is not
              'consistent with the density permitted' in the - current base zoning classification.
              Scoring of each proposed- development project by the Planning staff and Planning
              Commission will be based on the point award system set forth below.


            ..Proposed First Annual Cycle Scoring Schedule

              Scorine Thresholds

                   A two tiered scoring threshold     ' will be established to screen projects.        Only
              those projects scoring a total score at or above the first tier (56 points) threshold
              shall be considered for Growth A    'llocation. At a minimum, all projects scoring at or
              above the second tier (94 points) threshold will be awarded Growth Allocation and
              granted the Growth Allocation floating zone.         Bonus points shall. not qualify for
              inclusion in the first tier threshold.

              General Provisions

                  The following general provisions shall apply in the award of Growth Allocation:

                    1.   For residential subdivisions, the maximum        lot size permitted   in a RCA
                         conversion is the minimum lot size permitted on the site              by Health
                         Department Rc-ulations.



              revised 5-23-89                                                      Redman/Johnston Associates
              CECIL COUNTY POINT SYSTEM










                      2.   In a R-CA to LDA conversion, higher points will be awarded for having a
                           60 percent open space ratio. This will allow the majority of the site to
                           continue to provide the benefits of RCA, since it will be dominatcd by
                           agriculture, wetlands, forest, barren land, surface water, or open space and
                           protective land uses. The impact of the Growth Allocation conversion will
                           be less than ir a smaller open space ratio is achieved.        Tidal wetlands,
                           rcforcstcd areas, and Buffer extensions may be counted in the. 60 percent
                           open space ratio provided that at least threc-quartcrs of the o'pen space is
                           upland.

                     3.    In a LDA or RCA to IDA conversion, higher points will be awarded for
                           providing a 30 percent open space ratio ir evidence is included that the
                           site continues to cxhibit the characteristics of a LIJA, i.e., containing
                           areas or natural plant and animal habitats, and that the quality or runoff
                           is not substantially altered or impaired.        If these conditions can be
                           demonstrated, it is assumed that the impact of the Growth Allocation
                           conversion is less than ir a -smaller open space ratio is achieved. Tidal
                           wetlands, reforcsted areas, and Buffer extensions may be counted in the 30
                           percent open space ratio, provided that at least thrcc-quartcrs of the open
                           space is upland areas.

                     4.    All proposed projects  located adjacent t o a municipality will be scored in
                           the same manner as    all other 'Projects, except that such projects may be
                           designed to the development codes of the adjacent municipality (including
                           the municipality's Critical Area Program) if it is to be annexed.            In
                           addition, projects endorsed by a municipality will be awarded special bonus
                           points, provided the entire proposed development site is to be annexed into
                           the municipality. Such projects shall be incorporated into the municipality
                           within one (1) year of approval.

                    5.     In an RCA to LDA conversion, -which involves land only in the Critical
                           Area, calculation of the maximum permitted density will be based on
                           Critical Area acreage. The maximum permitted density within the Critical
                           Area portion of the site may not exceed the base'. zone density for the
                           Critical Area portion or the site or 3.99 units per.acre, whichever.,is less.

                    6.     In an RCA to LDA conversion, where non-Critical Area portions of a site
                           are included in the development, the maximum: permitted density may not
                           exceed the base zoning density calculated for the entire site, or 3.99 units
                           per acre as calculated based on the size of the Critical Area portion 'of
                           the site, whichever is less.

                    7.     In a RCA or LDA conversion to IDA the permitted maximum density or
                           intensity shall not exceed that,pcrmitted by the base zoning.

                    S.     Large Lot Residential is defined as lot size in excess of the minimum
                           required by the Health Depdrtment.

                    9'.    A development pad (permitted area of disturbance) is defined as the area
                           of a lot devotcd to structures, drives and parking areas.



              revised 5-" .3-89                             2                      Redman/Johnston Associates
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                                                                                                           3


                    10.  In projects that include water-dependent facilities, locatingo such facilities
                         in the Buffcr will not be rea'son for denying Buffer points, if a Buffer is
                         provided on portions of the site that are not required for locating such
                         facilities. In such cases Buffer points for watcr-dependent facilities will
                         be awarded as set forth below, provided non-water dependent 17@cilities are
                         not located in the Buffer.


                   11.   These criteria shall apply to lots of record as of July 5, 1983.

                   12.   Parcels having already utilized the Special Growth Allocation are not
                         eligible for this contest.


             Point Criteria pnd Values


                   1.    Development Type (maximum possible points        25)

                           lustering

                                    Where dwelling units are concentrated in a selected area or the
                                    development tract so as to provide natural habitat or other open
                                    space uses on the remainder. Points = 3

                         Conversion of RCA to LDA

                                    Where a 60 percent open space ratio is. maintained- throughout
                                    the entire Critical Area portion of the site only. Toints     12
                              OR

                                    Where a 60 percent open space ratio is       maintained throughout
                                    the. entire site, and where.opcn space outside the Critical Area
                                    portion of the site is a minimum of 20 acres. Points - 22

                         Convgrsion or LDA,-and RCA to IDA

                         Community sewer facilities are an a priori requirement for conversion td
                         IDA. If a community sewer facility is not present or not proposed as part
                         of the development, conversion to IDA will not be permitted.

                                    Where a 30 percent open space ratio is maintained throughout
                                    the entire Critical Area portion of the site only. Points - 12

                             OR

                                    Where a 30 percent open space ratio is      'maintained throughout
                                    the entire site, and where open space outside the Critical Area
                                    portion of the site is.a minimum of 20 acres. Points     22)


           revised 5-:3-89                                  3                      Redm'an/Johnston Associates
           CECIL COUNTY POINT SYSTEM














                                                                                                             4

                           Buffer Enhancement (maximum possible points          20)

                                        Minimum Deoth of Buffer                            Points


                                            Required                                            0
                                            Required   plus 50 feet                             4'
                                            R_-quircd  plus-100 feet                            6
                                            Required   plus 150 feet                            7
                                            Required   plus 200 feet                            9

                                Required = 110 feet plus any expansion required by location of the
                                Buffer adjacent to sensitive areas.

                                Portion of Buffer arforested bv Apt)licant          Der)th of Buffer


                                      25%        50010       75%         100%


                          Points      1          2           3           4          Required (as above)
                          Points      1          2           3           4         Required + 50'
                          Points      1          2           3           4         Required + 100'
                          Points      @2         3           4           5         Required + 150'
                          Points      2          3           4           5         Required + 200'


                          Drainageways are:      Minor watercourses    which are Aefined either by soil
                          type or by the presence of intermittent or perennial streams or topography
                          which indicates a Swale where surface sheet flows join, including the land,
                          except where areas are designated as floodplain, on either side of and
                          within fifty (50) feet of - the centerline of -any intermittent or perennial
                          stream shown on the U. S. Geological Service's 7 1/2 minute Quadrangle
                          sheets covering Cecil County.

                               Where a 50-foot forested buffer, which* remains in open space, is
                               established along all drainageways.on the site.    Points    -4

                          OR

                               Where a 50-foot forested buffer,       which   remains   in open space, is
                               established along all drainageways on           the 'site, including those
                               portions of the site located outside the Critical Area. Points       6

                   3.     Location of D evelopment (maximum possible points = 15)

                               Conversion of LDA or RCA        to new IDA which is located in existing
                               LDA or adjacent to existing IDA. Points = 10

                          OR

                               Conversion of   RCA to new LDA which is located adjacent         to existing
                               LDA or IDA.      Points  10


             revised 5-23-89                                  4                      Redman/Johnston Associates
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                       AND,     all proposed projects that arc located adjacent to a municipality
                       will be evaluated and scored in the same manner as all other projects,
                       except that such projects may be designed based on development codes of
                       the adjacent municipality, including that municipality's Critical Area
                       Program, ;r intended to be annexed.        In addition, ir the project: are
                       endorsed by the municipality, said endorsement consisting of a 'letter from
                       the municipal officials, they will be awarded points provided that the
                       entire proposed development site is to be annexed into the adjacent
                       munipality. A condition or approval for such projects will be that the site
                       must be incorporated into the adjacent municipality within one year of
                       approval. Points = 5

                 4.    Forest and Woodland Protection (inaximum possible points = 10)

                       -    If 40 percent or more of the Critical Area portion of the site is
                            wooded, and less than 15 percent of the existing forest and
                            woodlands are  cleared. Points = I

                       -    If 40 percent or more of the Critical Area portion or the site is
                            wooded, and less than 10 percent or the existing forest and
                            woodlands are  cleared. Points = 4. .

                            Where forest cover exclusive of Buffer Area and existing forest is
                            increased as follows:

                            Afforestation              Area of Forest Cover incrgased by:

                                                                    50%       70%

                            Critical Area portion
                            or site                       3         4          5

                            Entire site.where non-       4          5
                            Critical Area portion is
                            5 acres or more.

                5.     Habitat Protection (maximum possible points    10)

                            Where a disturbance, of palustrine, non-tidal   wetlands or hydrologic
                            regime of non-tidal wetland, mitigation not withstanding, is avoided.
                            Points - I

                       -    Where permanent environmental casements on existing plant, wildlife
                            and related habitat enhancement -arc*as are donated. Points - 4

                       -    Where the ronowing existing Habitat Protection. Areas are not    present
                            on, or adjacent to, thc' site:     rare, threatened and endangered
                            species, Natural Heritage Areas, and colonial waterbird nesting areas.
                            Points  4



          revised 5-:3-89                               5                     Redman/Johnston Associates
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                                                                                                                                          6


                                           If the developed portion of the site is located the maximum distance
                                           possible from a habitat protection area minimum setback. Points = 2

                                           If measures are implemented which enhance the Habitat Protection
                                           Areas in the area of the site as recommended by the Cecil Councy
                                           Planning Commission and the Maryland Forest, Park dnd Wildlife
                                           Service. Points = 2

                                           If there is implementation of a forest mana.-cmcnt program which is
                                           designed to protect the habitat values of existing and newly created
                                           riparian forests and large forested areas (if the site includes 5 acres
                                           or more outside of the Critical Area), and this program is prepared in
                                           conjunction with the Cecil County Planning Department and the
                                           Maryland Forest, Park and Wildlife Service. Points = I

                           6.      %Vater Quality (maximum possible points                  8)

                                   RCA to LDA conversion

                                           For impervious surfaces less than 15 percent, points assigned as
                                           follows:


                                                 Impervious surface                               Points


                                                        15%    or less                                0
                                                        14%    or, less                               1
                                                        12%    or  less                               2
                                                        10%    -or less                               5
                                                          8%   or  less                               8


                                  LDA and RCA conversion to IDA

                                         For impervious surfaces less               than 70 percent,          points assigned as
                                         follows:

                                                Imoervious surface                                Points

                                                       70% or less                                    0
                                                       60% or less
                                                       50% or less                                    2
                                                       40% or less                                    5
                                                       30% or less                                    8

                          7.     Resource Utilization (maximum possible points                      6)

                                         Where agriculture -or silviculture is continued on the open space
                                         portions or the site in the Critical Area. Points                  3

                                 OR



                  revised 5-23-89                                             6                            Redman/John3ton Associates
                  CECIL COUNTY POINT SYSTEM
















                                                                                                     7

                              Where agriculture or silviculture is continued on the open space
                              portions of the entire site, where the site includes at Jeast 20 acres
                              in agriculture outside the Critical Area. Points = 6

                   8.   Erosion Control (maximum possible roints = 3)

                        -     Where shore erosion protection measures are    installed on 50 percent
                              of the remaining shoreline where needed, and use of non-structural
                              shore erosion controls where feasible. Points = 2

                        -     Where shore erosion protection measures are installed on 100 percent
                              or the remaining shoreline, and use of non-structural shore erosion
                              controls where feasible. Points = 3

                  9.    Water-Dependent Facilities (maximum possible points = 3)

                              Where community piers are provided. Points - 3

                              Where shared piers by less than 3 property owners are provided.
                              Points  1.


                  10.  Bonus Points


                       These points   shall not be used for the first tier scoring threshold of 56
                       points, but may be accumulated for the second tier threshold.

                              Where a proposed development includes community sewer facilities and
                              the developer is able to expand the system to serve existing
                              developed. areas of failing septic systems, thereby correcting a
                              documented existing water quality problem. The award of these points
                              will be based on the feasibility of servicing': adjacent areas as
                              determined in consultation with the Health Department and the
                              Department or Public Works.       Actual points awarded will vary
                              depending on the number of units served, the severity of the problem
                              and other factors relating to fczsibility@ A general guideline will be
                              that the correction of all failing septic systems in adjacent areas will
                              earn maximum points. Maximum Bonus Point Value - 25

                              Where a proposed development project provides free public access to
                              the shorclinc. Bonus Points - 25

                              Whcrc'a natural park is designated and approved by the Cecil County
                              Planning Commission, and, provisions are made to permit limited
                              access to the natural park for educational purposes (e.g., periodically
                              permitting the local school system to conduct field trips to the park),
                              points will be credited.   To receive these points a natural park
                              management plan and program must be developed and include the
                              recommendations of the -Maryland Forest, Park and Wildlif c Service.
                              Bonus Points  10



           revised 5-23-89                               7                     Redman/Johnston Associates
           CECIL COUNTY POINT SYSTEM












                                                                                                8

                             Placing all remaining viable agricultural lands in the open space
                             portion of the site in a Maryland Agricultural Preservation Program
                             District. Minimum acreage applicable is 100 acres, or if farm is
                             exceptionally productive, a waiver will be granted on this size
                             minimum. Bonus Points    5.

























































            revised 6-23-89                            8                   Redinan/Johnston Associates
            CECIL COUNTY POINT SYSTEM










                                                  ï¿½ 84-37              MARLBORO CODE                        ï¿½ 84-38

                                                             (c)  Subject to approval by the approving authority in
                                                                  each specific case, surface stormwater drainage
                                                                  may be carried in open ditches outside the right-
                                                                  of-way of the local - streets or other suitable
                                                                  drainage structures within the right-of-way as
                                                                  may be approved by the Township Engineer.
                                                             (d)  Curbs and/or gutters will not be required except
                                                                  where excessive grades or other conditions
                                                                  require their installation.
                                                             (e)  Sidewalks will not be requir ed..
                                                        (3)  Any further subdivision of any lot or lots subdivided
                                                             under these standards, which further subdivision
                                                             provides for an area of less than two hundred twenty
                                                             thousand (220,000) square feet per lot, shall be con-
                                                             ditioned upon the widening of the street to full width
                                                             in accordance with current street standards, the
                                                             provision for piped surface water drainage facilities
                                                             and the total compliance with all other zoning and
                                                             subdivision provisions, all at the expense of the
                                                             subdivider and applying to aU local streets con-
                                                             stmcted under these reduced requirements in the
                                                             circulation pattern of the lot(s) in question and the
                                                             complete drainage system s-xving the lots in question.
                                                             The subdivider shall include these provisions as deed
                                                             restrictions in deeds associated with the lands in
                                                             question.



                                                   84-38. _LC Land Conservation District.
                                                   The following regulations shall apply in the LC Land Con-
                                                 servation District:


                                                                                             (Cont'd on page 8557)







                                                                              8556.2                         4-15-95













                                                                 84-348            LAND USE DEVELOPMENT

                                                                    A. Permitted uses.
                                                                        (1)  Single-family dwellings.
                                                                        (2)  Federal, state, county and municipal buildings and
                                                                             grounds.
                                                                        (3)  Public and private golf courses but no other outdoor
                                                                             recreation facility. [Amended 5-19-88 by Ord. No. 23-
                                                                             88]
                                                                        (4)  Temporary buildings for uses incidental to construction
                                                                             work, provided that such buildings are removed upon
                                                                             completion or abandonment of the construction work.
                                                                        (5)  (Reserved)
                                                                        (6)  Commercial swimming pools and swimming clubs.
                                                                        (7)  Cluster development. The reduction of lot aim shall be
                                                                             permitted according to the following standards and
                                                                             the cluster provisions of ï¿½ 84-35:
                                                                             (a) The minimum size of a tract or parcel of land
                                                                                 proposed for development under the cluster
                                                                                 development provisions of this section shall be
                                                                                 ten (10) acres.
                                                                             (b) The maximum number of residential building lots
                                                                                 for each cluster  development shall be computed
                                                                                 an the basis of sixteen-hundredths (0.16) lot per
                                                                                 gross acre. If this calculation results in a
                                                                                 remaining fraction of a lot, the fraction shall be
                                                                                 rounded to the nearest whole number.
                                                                             (c)  Land area equal to a minimum of forty percent
                                                                                 (40%) of     the gross area of the proposed
                                                                                  development  shall not be included in lots but shall
                                                                                 be either offered to the Township of Marlboro for
                                                                                 conservation, open space and/or floodplain areas
                                                                                 for public purposes or ad aside as common prop
                                                                                 arty and maintained by a homeowners'
                                                                                 association. Land utiliezed for street rights-of-way
                                                                                 may be included as put of the above forty percent
                                                                 


                                                                                                 8557














                                                  84-38               MARLBORO OODE                           84-38

                                                                (40%). All streets within the development shall be
                                                                offered to the township.
                                                           (d)  The minimum lot requirements for a Cluster
                                                                development shall be:
                                                                [1] Lot size: fifty-five thousand (55,000) square
                                                                    feet.
                                                                [2] Street frontage: two hundred (200) feet,
                                                                    except that a minimum frontage of one
                                                                    hundred fifty (150) feet may be allowed on
                                                                    lots where seventy-five percent (75%) or more
                                                                    of the frontage is on an outside curve having
                                                                    a radius of less than five hundred (500) feet,
                                                                    provided the resulting subdivision conforms
                                                                    to good subdivision design practices.
                                                                [3] Lot width: two hundred (200) feet.
                                                                [4] Front yard: seventy-five (75) feet.
                                                                [5] Main building side yard: forty (40) feet;
                                                                    accessory building or structure, forty (40)
                                                                    feet.
                                                                (6) Main building rear yard: fifty (50) feet;
                                                                    accessory building or structures: forty (40)
                                                                    feet. However, in those cam where the fun
                                                                    lenth of the rear and/or side lot line is
                                                                    contiguous to a township-owned greenway of 
                                                                    at but fifty (50) feet in depth and no portion
                                                                    of said rear or Side line is within a per,
                                                                    pendicular distance of one hundred fifty (150)
                                                                    fed of a township strut right of way, an
                                                                    accessory building or structure may be
                                                                    located within fiften (15) feet of the rear
                                                                    and/or side lot line meeting the aforemen-
                                                                    tioned requirements.  If a rear or side line
                                                                    setback of less than forty (40) feet is utilized,
                                                                    suitable landscaping shall be provided to 
                                                                    shield the structure from the rear and side lot
                                                                    line direction, drainage shall be controlled so
                                                                    as not to cause flooding or erosion of ad-
                                                                    jacent property and site plan approval shall 
                                                                    be requested.  Under these conditions, the

                                                                             8558


















                                                               84-38          LAND USE DEVELOPMENT                           84-38


                                                                                  minimum required rear and side line setback
                                                                                  requirements of ï¿½ 84-130B shall be fifteen.
                                                                                  (15) feet.
                                                                        (e) The lands offered to the township shall meet the
                                                                             following requirements:
                                                                             [1)  The minimum size of each parcel so dedicated
                                                                                  shall be four (4) acres.
                                                                             (2)  Every parcel of land     so dedicated on a
                                                                                  subdivision plat of a    cluster development
                                                                                  shall be conveyed to the township free of any
                                                                                  liens of any nature. at the time final approval
                                                                                  is granted by the township to the final
                                                                                  subdivision plat, and each parcel so
                                                                                  dedicated shall have the following wording
                                                                                  written on the plat in conformance with the
                                                                                  subdivision provisions: "Lands dedicated to
                                                                                  the Township of Marlboro for conservation,
                                                                                  open space and floodplains under the cluster
                                                                                  development provisions of the Land Use
                                                                                  Development and Regulations Ordinance of
                                                                                  the Township of Marlboro." -
                                                                             131  The land so dedicated shaU be contiguous to
                                                                                  a minimum of twenty-five percent (25%) of
                                                                                  the lots in the subdivision proposed for the
                                                                                  cluster development.
                                                                             141  The lands so dedicated shall include,
                                                                                  whenever feasible, natural features such as
                                                                                  streartis, brooks, wooded areas, steep slopes
                                                                                  and other natural features of scenic and
                                                                                  conservation value. The developer may be
                                                                                  required to plant tress or mak other simola
                                                                                  landscaping improvements in order to
                                                                                  qualify open land for acceptance by the
                                                                                  township. Landscaping plans shall. be
                                                                                  prepared by a professional landscaper or one
                                                                                  who commonly pi-epares landscaping plans.
                                                                                  Each such person shall affix his:name, title,
                                                                                  address and signature   to such plans.


                                                                                           8559                           5-25-88












                                                ï¿½ 84-38                 MARLBORO CODE                         ï¿½ 84-38

                                                                  151 The lands so dedicated shall be subject to
                                                                      approval by the Township Planning Board.
                                                                      The Board, in its review and evaluation of
                                                                      the suitability of buch land, shall be guided
                                                                      by the Master Plan of the Township of
                                                                      Marlboro, by the ability to assemble and link
                                                                      such lands to adjoining areas in order to from
                                                                      continuous bands of open space and by the
                                                                      accessibity to potential utility of such lands.
                                                                  [6] The proposed roads within the cluster
                                                                      development shall not interconnect with
                                                                      existing or proposed roads in a manner
                                                                      forming continuous or through roads.
                                                                  [71 The proposed roads within the cluster
                                                                      development shall be designed to discourage
                                                                      any high-speed or through traffic, shall have
                                                                      the exclusive function of providing access to
                                                                      properties abutting the road and shall follow
                                                                      the contours of the land to the greatest ex-
                                                                      tent possible.
                                                                  [81 The lands so dedicated shall be monumented
                                                                      at all intersections with existing and
                                                                      proposed street lines in the same manner as
                                                                      required by the Map Filing Law (N.J.S.A.
                                                                      45:23-9.12. as amended). All interior corners
                                                                      and changes in direction shall be marked
                                                                      with concrete posts or equivalent, as ap-
                                                                      proved by the Planning Board, which are a
                                                                      minimum of five 115) inches square or in
                                                                      diameter, are set a minimum of four (4) feet
                                                                      into the ground and extend above the ground
                                                                      a mini urn of four (4) feet.
                                                            (f)   AD  other provisions of this chapter which are
                                                                  applicable to lands in the LC District and which
                                                                  have not been specifically modified i  'n this sub-
                                                                  section shall also apply to lands developed under
                                                                  this section.





                                                                                8560*

















                                                         ï¿½ 84-38          LAND USE DEVELOPMENT.                       ï¿½ 84-38


                                                            B. Permitted accessory uses.
                                                                (1)  Private garages and carports.,
                                                                (2)  Fences, subject to the provisions of ï¿½ 84-58 of this
                                                                     chapter.
                                                                (3)  Private swimming pool, subject to the provisions of
                                                                     ï¿½ 84-59 of this chapter.
                                                                (4)  Other customary accessory uses and buildings which
                                                                     are clearly incidental to the principal use and building.
                                                            C.  Area, yard and building requirements. The area, yard and
                                                                building requirements are as specified for this zone in the
                                                                schedule of requirements in ï¿½ 84-29D of this chapter.
                                                            D.  Uses requiring a conditional use permit, subject to the
                                                                provisions of Article IV of this chapter.
                                                                (1) Public utilities.
                                                            E. Other provisions.
                                                                (1)  A M;nimum Of eighty percent (80%) of the area of any
                                                                     lot utilized for a single-family use in the Land Con-
                                                                     servation District shall be left in its natural state. It
                                                                     shall not be covered by any buildings, strumms or
                                                                                             -es, shrubbery or ground cover
                                                                     paving materials. No tm
                                                                     shall be removed, nor shall the soil or existing grade be
                                                                     altered, except,that dead growth and debris may be
                                                                     removed from the oarcel.
                                                                (2)  A minimum of eighty percent (80%) of the am& of     ' any
                                                                     lot utilized for a permitted use other than a single-
                                                                     family home shall be left in its natuml state unless
                                                                     otherwise authorized by the Planning Board during
                                                                     site plan review.
                                                           F. Signs are subject to the provisions of ï¿½ "62 of this
                                                                chapter. @
                                                           G. Off-street parking is subject to the provisions of     84-60 of
                                                                this chapter.





                                                                                        8561                           7-25-90















                                                        ï¿½ 84-38                   MARLBORO CODE                           ï¿½ 84-38

                                                            H. Golf Course Residential Community (GCRC). [Added 5-24-
                                                                1990 by Ord. No. 20-90]
                                                                (1)  Permitted uses. The following shall be permitted uses in
                                                                     a Golf Course Residential Community-
                                                                     (a)  Single-funily dwellings.
                                                                     (b)  Public and private golf courses.
                                                                     (c)  Cluster development Notwithstaiiding the provisions
                                                                          of ï¿½ 84-38A(7), reduction of lot size shall be permit-
                                                                          ted according to the following standards and the
                                                                          cluster provisions of ï¿½ 84-38A(7y, provided, however,
                                                                          that wherever the following standards are inconsis-
                                                                          tent with any of the provisions of the Land Use
                                                                          Development and Regulations of the Township of
                                                                          Marlboro, constituting Chapter 84 of the Code of the
                                                                          Township of Marlboro, the standards set forth herein
                                                                          shall control:
                                                                          [1]  The minimum gross acreage of a tract or parcel
                                                                               of land proposed for development under the
                                                                               cluster development provisions of this section,.
                                                                               inclusive of the golf course area, shall be diree
                                                                               hundred (300) contiguous acres The maximum
                                                                               gross acreage under the cluster development
                                                                               provision of this subsection, inclusive of the golf
                                                                               course am shall be four hundred fifty (450)
                                                                               contiguous acres
                                                                          12]  The maximum number of resident;W building
                                                                               lots for each   '. cluster development shall be
                                                                               computed on the basis of three hundred eighty-
                                                                               seven thousandths (OM7) lot per gross acre of
                                                                               the entire tract, inclusive of the golf course
                                                                               area
                                                                          [3]  The tract or parcel of land must be serviced by
                                                                               either a sanitary sewer systern or septic system.
                                                                               All single-family dwellings and the clubhouse
                                                                               must be serviced by a municipal water supply.




                                                                                         8562                             7-25-90












                                                     ï¿½ 84-38            LAND USE DEVELOPMENT                           ï¿½ 84-38

                                                                            Wells can be used to service the golf course as
                                                                            long as the wells are metered and the total
                                                                            amount of water taken from all wells does not
                                                                            exceed five million (5,000,000) gallons per
                                                                            twelve-month period. Water consumption will
                                                                            be reported monthly to the Marlboro Township
                                                                            Clerk.
                                                                       [4]  A minimum of one hundred (100) acres of land
                                                                            shall consist of land to be developed and used as
                                                                            a golf course and its permitted accessory uses.
                                                                            Said minimum land area shall either not be
                                                                            included within residential lots but shall be set
                                                                            aside and developed as a golf course and the
                                                                            permitted accessory uses or be included within
                                                                            the*r-esidential lots but be subject to an ease-
                                                                            ment, restricting that portion of the residential
                                                                            lot so included to be used and developed and
                                                                            maintained as part of the golf course, or any
                                                                            combination of the foregoing-, providecL howev-
                                                                            er, at least seventy-five (75) acres of said land
                                                                            shall not be included in the residential lots.
                                                                            [a]  Easements restricting portions of the
                                                                                 residential lots to use as a part of the golf
                                                                                 course shall not affect more than forty
                                                                                 percent (40%) of any lot, and said ease-
                                                                                 ment(s) shall be restricted in perpetuity to
                                                                                 a conservation/open space use or golf
                                                                                 course use.
                                                                            [01  No fences or other obstructions shall be
                                                                                 permitted in!the easement area restricted
                                                                                 as set forth in Subsection HQXcJ4Ja1
                                                                                 above.
                                                                            [e]  Title to that portion of the tract not within
                                                                                 a residential lot shall remain restricted in
                                                                                 perpetuity to use as a golf course and its
                                                                                 permitted accessory uses or as open space
                                                                                 and shall be separately taxed.




                                                                                      8562.1                          7 - 24 - W)
















                                                       ï¿½ 84-38                  MARLBORO CODE                           ï¿½ 94-38

                                                                             [d]   The golf course, clubhouse and any acces-
                                                                                   sory uses shall be restricted for the benefit
                                                                                   of members and guests.
                                                                             [e)   Owners of lots in the subdivision arising
                                                                                   out of this subsectionpursuant to which a
                                                                                   golf course is constructed shall, so long as
                                                                                   they shall continue to be such owners, have
                                                                                   the right of membership in and use of the
                                                                                   golf course upon fulfilling the require-
                                                                                   ments of other users or members.
                                                                             [f)   At the time of final approval of the
                                                                                   subdivision, a restrictive covenant, in form
                                                                                   satisfactory to the Planning Board, shall
                                                                                   be recorded with the County Clerk re-
                                                                                   stricting in perpetuity the use of the land
                                                                                   intended for the gulf course, for such use
                                                                                   and accessory uses only, and prohibiting
                                                                                   development of the land in any other
                                                                                   manner and providing that the township
                                                                                   or any other interested party shall have
                                                                                   the right to enforce the restnetive cove-
                                                                                   nant, and providing that the owners of the
                                                                                   residential lots aeated pursuant to the
                                                                                   subdivision, so long as they shall continue
                                                                                   such ownership, shall have the right of
                                                                                   -membership in the golf club so long as
                                                                                   such owners shall fulfill the requirements
                                                                                   of membership imposid upon other
                                                                                   members.'
                                                                       [51   IAnd arm equal to forty percent (4o%) of the
                                                                             gross area of the proposed development shall
                                                                             not be included in lots, but shall be offered to
                                                                             the Township of Marlboro for conservation,
                                                                             open space and/or floodplain areas for public
                                                                             purposes. Land utilized for street right"f-way
                                                                             may be included as part of the above forty
                                                                             percent (40%). All streets within the develop-
                                                                             ment shall be offered to the township.



                                                                                       8562.2                           7-25-90














                                                              84-38            LAND USE DEVELOPMENT                           ï¿½ 84-38

                                                                              [6) As an alternative to complying with Subsection
                                                                                   H(lXcX51,. which immediately precedes this
                                                                                   Subsection, and at the option of the developer,
                                                                                   the developer shall donate and pay over to the
                                                                                   township for purposes of preservation of the
                                                                                   environment and fostering public recreational
                                                                                   facilities, the sum of twenty thousand dollars
                                                                                   ($20,000.) per proposed building lot payable ten
                                                                                   percent (10%) at the time of preliminary
                                                                                   approval and the balance at the time of the
                                                                                   issuance of certificates of occupancy. Out of said
                                                                                   sum, one thousand dollars ($1,000.) per building
                                                                                   lot shall be utilized to create a fund to pay for
                                                                                   the water hookup of any dwelling existing at
                                                                                   the time of the application for preliminary
                                                                                   approval, which dwelling is within one hundred
                                                                                   (100) feet of the waterline to be installed in
                                                                                   connection with the application and which
                                                                                   would be required to be connected to the water
                                                                                   system installed for the Golf Course Residential
                                                                                   Community. For existing dwellings more than
                                                                                   one hundred (100) feet from the waterline for
                                                                                   which water connection is not mandatory, one
                                                                                   thousand dollars ($1,000.) shall be utilized to
                                                                                   pay for a hookup and to contribute toward the
                                                                                   first one hundred (100) feet of pipe, if the owner
                                                                                   elects to hook up to public water.
                                                                  (2) Bulk requirements for the Golf Course Residential
                                                                        Community.
                                                                       (a)   7be golf coume ") include and be serviced by a
                                                                             main clubhouse containing not less than fifteen
                                                                             thousand (15,000) square feet plus twenty (20) square
                                                                             feet for each residential lot in the community in
                                                                             excess of fifty (50).
                                                                       (b)   The golf course shall provide for eighteen (18) holes
                                                                             with a minimum of six thousand five hundred
                                                                             (6,5W) yards and shall comply with the Professional





                                                                                            8562.3                             25 - go















                                                       84-38                 MARLBORO CODE                          ï¿½ 84-38

                                                                      Golf Association (PGA) standards for a champion.
                                                                      ship golf course. Only one (1) eighteen-hole Golf
                                                                      Course Residential Community shall be permitted in
                                                                      any contiguous LC Zone.
                                                                 (c)  Minimum lot dimensions, minimum required yard
                                                                      area, building requirements and maximum percent
                                                                      of lot coverage for the residential lots shall be as
                                                                      follows:
                                                                      [11 Lot area: minimum forty thousand (40,000)
                                                                          square feet. if serviced by sanitary sewer
                                                                          facilities or a minimum of fifty-five thousand
                                                                          (55,OW) square feet if serviced by a septic
                                                                          system.
                                                                      (2) Lot frontage: minimum two hundred twenty-
                                                                          five (225) feet for any lot which accesses onto a
                                                                          preexisting street and minimum one hundred
                                                                          sixty (160) feet for all other lots, except those
                                                                          lots which front on a cul-de-sac, in which case
                                                                          the permitted lot frontage shall be fifty (50)
                                                                          feet.
                                                                      [3] Lot vndth: minimum two hundred twenty-five
                                                                          (225) feet for any lot which              onto a
                                                                          preexisting street and minimum one hundred
                                                                          sixty (160) feet for all other lots.
                                                                      [4) Lot depth: minimurn two hundred (200) feet.
                                                                      [51 Front yard setback rrunimum fifty (50) feet.
                                                                          Minimum front yard seflxwks shall be seventy
                                                                          five (76) feet on any lot that fronts on a
                                                                          preexisting street or roadway.
                                                                      [61 Side yard setback: for principal buildings,
                                                                          minimum fifty (50) feet for any lot            ing
                                                                          onto a preexisting street and minim          forty
                                                                          (40) feet for all other lots; for accessory
                                                                          buildings, minimum thirty (30) feet






                                                                                    8562.4                          7-25-90















                                                               84-38            LAND USE DEVELOPMENT                           ï¿½ 84-38

                                                                              [7]   Rear yard setback: minimum fifty (50) feet for
                                                                                    principal building, minimum twenty-five (25)
                                                                                    feet for accessory building, in bcth cases,
                                                                                    exclusive o*f any golf course easement allowed
                                                                                    pursuant to ï¿½ 84-38H(IXcI41a) above.
                                                                              [8]   Building height: maximum thirty-five (35) feet
                                                                                    for principal residential building and maxi-
                                                                                    mum fifteen (15) feet for other accessory
                                                                                    buildings.
                                                                              [9]   Gross floor area: minimum three thousand
                                                                                    (3,000) square feet-
                                                                              (10]  Ground floor area: minimum one thousand five
                                                                                    hundred (1,500) square feet
                                                                              [11]  Lot coverage: maximum impervious lot cover-
                                                                                    age twenty percent (20%).
                                                                              [121  Pavement width: pavement width for interior
                                                                                    streets, thirty (30) feet
                                                                              [13] Clubhouse parking- A minimum of one (1)
                                                                                    parking space shall be provided for every t1iree
                                                                                    (3) club memberships.
                                                                   (3) Permitted accessory uses
                                                                         (a)  Accessory u      for the single-family dwellings shall
                                                                              be all accessory uses permitted in the LC Land
                                                                              Cawervation District under        84-38B.
                                                                         (b)  Accessory uses for the golf course property shall be
                                                                              customary accessory uses and buildings which are
                                                                              ckarly incidental to the principal uses and buildings,
                                                                              including structures such as clubhouses, pro shops,
                                                                              locker rooms, practee ranges, putting greens, tennis
                                                                              courts, swimming podL% lounges and dining facilities
                                                                              incorpomtedwithin the main clubhouse and refresh-
                                                                              ment facilities incorporated in the golf course which
                                                                              are incidental to and subordinate to the operation of
                                                                              a golf course,




                                                                                              &5M5                             7-25-90














                                                        ï¿½ 84-38                   MARLBORO CODE                              84-38

                                                                 (4) Contributions for off-tract improvements. As a condition
                                                                     of final subdivision and site plan approval, an applicant
                                                                     may be assessed in accordance with ï¿½ 84-118 of the Land
                                                                     Use Development Ordinance of Marlboro.
                                                                (5)  Signs. Project entry and identification signs and signs
                                                                     permitted per ï¿½ 84-62 of this chapter are permitted.
                                                                (6)  Parking. Parking is permitted as provided in Subsection
                                                                     (2XcJ13] above and otherwise as per ï¿½ 84-60 of this
                                                                     chapter.
                                                                (7)  Fences. Fences are permitted as per ï¿½ 84-58 of this
                                                                     chapter, except as provided in Subsection (IXcJ4Jb)
                                                                     above.
                                                                (8)  Phasing. Prior to the issuance of the first certificate of
                                                                     occupancy for a residential unit in the Golf Course
                                                                     Residential Community, the first nine (9) holes of the golf
                                                                     course must be developed up through and including being
                                                                     seeded. The first nine (9) holes shall be completed and
                                                                     ready for play within twelve (12) months of the comple-
                                                                     tion of the seeding. A clubhouse facility, consisting of at
                                                                     least seven thousand five hundred (7,500) square feet,
                                                                     shall also be completed prior to the issuance of the first
                                                                     certificate of occupancy for a residential unit being
                                                                     issued. Construction of the second nine (9) holes of the golf
                                                                     course shall commence prior to the issuance of building
                                                                     permits for any of the final fifty percent (50%) of the total
                                                                     number of residential umts approved as part of the Golf
                                                                     Course Residential Community. The second nine (9) holes
                                                                     of the golf course must be developed up fluvagh and
                                                                     including being seeded ind all -other amenities required
                                                                     for the golf course shall be completed prior to the
                                                                     issuance of a certificate of occupancy for any of the final
                                                                     fifty percent (50%) of the total number of residential units
                                                                     approved as part of the Golf Course Residential Commu-
                                                                     nity. The second nine (9) holes shall be completed and
                                                                     ready for play within twelve (12) months of the comple-
                                                                     tion of the seeding. Certificates of occupancy of no more
                                                                     than ninety percent (90%) of the proposed residential lots




                                                                                        W2.6                             7-25-90














                                                          ï¿½ 84-38            LAND USE DEVELOPMENT                         ï¿½ 84-39

                                                                      shall be issued until all the golf course facilities, including
                                                                      all eighteen (18) holes, have been installed and completed,
                                                                      and all buildings associated with the golf course,
                                                                      including but not limited to the clubhouse, shall have
                                                                      been completed and certificates of occupancy relating to
                                                                      them shall have been issued.


                                                          ï¿½ 84-39. R-80 Residential District.
                                                            The following regulations shall apply in the R-80 Residential
                                                          District:

                                                             A. Permitted uses.
                                                                  (1) Single-family dwellings.
                                                                  (2) Temporary buildings for uses incidental to con.
                                                                      struction work, provided such buildings are removed
                                                                      upon completion or abandonment of the construction
                                                                      work.

                                                             B. Permitted accessory uses.
                                                                  (1) All accessory uses permitted in the LC Land Con.
                                                                      servation District under ï¿½ 84-38B.
                                                             C.   The area, yard and building requirements are as specified
                                                                  for this zone in the schedule of requirements in J "29D
                                                                  of this chapter.
                                                             D. Uses requiring a conditional use permit, subject to the
                                                                  provisions of Article IV of this chapter.
                                                                  (1) Churches and places of worship.
                                                                  (2) Public utilities.
                                                                  (3) Hospitals, philanthropic or eleemosynary uses.
                                                                  (4) Quasi-public buildings and recreation areas.
                                                                  (5) Commercial swimming pools and swimming clubs.
                                                                  (6) Home professional offices and home occupations.





                                                                                          &%Z7                           7 - 25  90






















                                      APPENDIX 6


                          LIST OF AGENCIES AND ORGANIZATIONS








                                          LIST OF AGENCIES




                                             OCEAN     COUNTY


                 AUDIO-VISUAL AIDS COMMISSION
                 350 Chambers Bridge Road
                 Brick, NJ 08723
                 (908) 477-3342

                 BOARD OF CHOSEN FREEHOLDERS
                 Administration Building
                 CN 2191
                 Toms River, NJ 08754
                 (908)929-2005

                 CHAMBER OF COMMERCE
                 611 Main Street
                 Toms River, NJ
                 (908) 349-0220

                       BARNEGAT CHAMBER OF COMMERCE
                       P.O. Box 362
                       Barnegat 'NJ 08005
                       (609) 597-4244

                       BRICK TOWNSHIP CHAMBER OF COMMERCE
                       1673 Route 88W
                       Brick, NJ 08724
                       (908) 458-4949

                       GREATER POINT PLEASANT CHAMBER OF COMMERCE
                       517-A Arnold Avenue
                       Point Pleasant, NJ 08742
                       (908) 899-2424

                       JACKSON TOWNSHIP CHAMBER OF COMMERCE
                       P.O. Box A.C.
                       Jackson, NJ 08527
                       (908) 367-4002

                       LAKEWOOD TOWNSHIP CHAMBER OF COMMERCE
                       P.O. Box 656
                       Second Street & Clifton Avenue
                       Lakewood, NJ 08701
                       (908) 363-0012








                                        OCEAN COUNTY (cont.)

                       SOUTHERN OCEAN COUNTY CHAMBER OF COMMERCE
                       265 Ninth Street
                       Ship Bottom, NJ 08008
                       (609) 494-7211

                       TOMS RIVER-OCEAN COUNTY CHAMBER OF COMMERCE
                       2700 Hooper Avenue
                       Toms River, NJ 08753
                       (908) 349-0220

                COLLEGE
                College Drive
                Toms River, NJ 08753
                (908) 255-4000

                COUNTY OF OCEAN
                Administration Building
                CN 2191
                101 Hooper Avenue
                Toms River, NJ 08754
                (908) 244-2121

                ENGINEERING DEPARTMENT
                Court House Annex
                Toms River, NJ 08754
                (908) 929-2130

                ENVIRONMENTAL AGENCY
                Extension Center
                1623 Whitesville Road
                Toms River, NJ 08755-9720
                (908) 349-1227

                       BARNEGAT ENVIRONMENTAL COMMISSION
                       900 West Bay Avenue
                       Barnegat, NJ 08005
                       (609) 698-7832

                       BAY HEAD ENVIRONMENTAL COMMISSION
                       P.O. Box 248
                       Bay Head, NJ 08742
                       (908) 892-0636

                       BERKELEY ENVIRONMENTAL COMMISSION
                       P.O. Box B
                       Bayville, NJ 08721
                       (908) 244-7400


                                                    2








                                           OCEAN COUNTY (cont.)

                        BRICK ENVIRONMENTAL COMMISSION
                        401 Chambers Bridge Road
                        Brick, NJ 08723
                        (908) 477-3000

                        DOVER ENVIRONMENTAL COMMISSION
                        33 Washington Street
                        P.O. Box 728
                        Toms River, NJ 08754
                        (908) 341-1000

                        EAGLESWOOD ENVIRONMENTAL COMMISSION
                        146 Division Street
                        West Creek, NJ 08092
                        (609) 296-3040

                        JACKSON ENVIRONMENTAL COMMISSION
                        RD 4, Box 1000
                        Jackson, NJ 08527
                        (908) 928-1200 -

                        LACEY ENVIRONMENTAL COMMISSION
                        818 W. Lacey Road
                        Forked River, NJ 08731
                        (609) 693-1100

                        LAKEWOOD ENVIRONMENTAL COMMISSION
                        231 Third Street
                        Lakewood, NJ 08701
                        (908) 364-2500

                        LAVALLETTE ENVIRONMENTAL COMMISSION
                        P.O. Box 67
                        Lavallette, NJ 08735
                        (908) 793-7477

                        LITTLE EGG HARBOR ENVIRONMENTAL COMMISSION
                        7 Gifford Road
                        Little Egg Harbor, NJ 08087
                        (609) 296-7241

                        MANCHESTER ENVIRONMENTAL COMMISSION
                        1 Colonial Drive
                        Lakehurst, NJ 08733
                        (908) 657-8121




                                                        3








                                        OCEAN COUNTY (cont.)

              . .... .OCEAN ENVIRONMENTAL COMMISSION
                      50 Railroad Avenue
                      Waretown, NJ 08758
                      (609) 693-3302

                      OCEAN GATE ENVIRONMENTAL COMMISSION
                      P.O. Box 100
                      151 E. Longport Avenue
                      Ocean Gate, NJ 08740
                      (908) 269-3171

                      POINT PLEASANT ENVIRONMENTAL COMMISSION
                      P.O. Box 25
                      2223 Bridge Avenue
                      Point Pleasant, NJ 08742
                      (908) 892-3434

                      STAFFORD ENVIRONMENTAL COMMISSION
                      775 E. Bay Avenue
                      Manahawkin, NJ 08050
                      (609) 597-1061

                      SURF CITY ENVIRONMENTAL COMMISSION
                      813 Long Beach Boulevard
                      Surf City, NJ 08008
                      (609) 494-3064

                HEALTH DEPARTMENT
                Sunset Avenue
                Toms River, NJ 08754
                (908) 341-9700

                LIBRARY
                101 Washington Street
                Toms River, NJ 08753
                (908) 349-6200

                MOSQUITO EXTERMINATION COMMISSION
                P.O. Box 327
                West Bay Avenue
                Barnegat, NJ 08005
                (609) 698-8271

                PARKS & RECREATION DEPARTMENT
                1198 Brandon Road
                Toms River, NJ 08753
                (908) 506-9090



                                                   4








                                         OCEAN COUNTY (cont.)

                       COOPER NATURE CENTER
                       Cattus Island County Park
                       1170 Cattus Island Boulevard
                       Toms River, NJ 08753
                       (908) 270-6960


                       WELLS MILLS NATURE CENTER
                       Wells Mills County Park
                       Route 532
                       Waretown, NJ 08758
                       (609) 971-3085

                 PLANNING BOARD
                 119 Hooper Avenue
                 Toms River, NJ 08754
                 (908) 929-2054

                 PUBLIC TRANSPORTATION
                 119 Hooper Avenue
                 Toms River, NJ 08754
                 (908) 929-2054 -

                 RUTGERS COOPERATIVE EXTENSION
                 1623 Whitesville Road
                 Toms River, NJ 08755
                 (908) 349-1227
                 Agricultural Agent
                 (908) 349-1245

                 SHADE TREE COMMISSION
                 Court House Annex
                 Toms River, NJ 08754
                 (908) 929-2130

                 SOIL CONSERVATION DISTRICT
                 714 Lacey Road
                 Forked River, NJ 08731
                 (908) 971-7002

                 TRAFFIC DIVISION
                 Maple Tree Road
                 Toms River, NJ 08754
                 (908) 349-8165





                                                    5








                                        OCEAN COUNTY (cont.)

                JOURISM ADVISORY COUNCIL
                8conomic and Industrial Developmenf
                Administration Building
                Toms River, NJ 08754
                (908) 929-4718

                UTILITIES AUTHORITY
                501 Hickory Lane
                P.O. Box P
                Bayville, NJ 08721
                (908) 269-4500


                                       STATE OF NEW JERSEY


                DEPARTMENT OF COMMERCE
                      TRAVEL AND TOURISM
                      CN 826
                      20 West State Street
                      Trenton, NJ 08625
                      (609) 292-2470

                DEPARTMENT OF COMMUNITY AFFAIRS
                CN 800
                101 South Broad Street
                Trenton, NJ 08625
                (609) 633-3795

                DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY (DEPE)
                      BUREAU OF EMERGENCY RESPONSE
                      300 Horizon Center
                      Route 130 South
                      Robbinsville, NJ 08691
                      (609) 584-4132

                      BUREAU OF MONITORING MANAGEMENT
                      CN 029
                      35 Arctic Parkway
                      Trenton, NJ 08625
                      (609) 292-0427

                      CLEAN COMMUNITIES PROGRAM
                      STREET AND STORM DRAIN GRANTS
                      CN 414
                      840 Bear Tavern Road
                      West Trenton, NJ 08625
                      (609) 530-8593


                                                   6








                                      STATE OF NEW JERSEY (cont.)

                        COMMUNICATIONS
                        CN 402
                        401 E. State Street
                        Trenton, NJ 08625
                        (609) 292-3225

                        DIVISION OF FISH, GAME & WILDLIFE
                        CN 400
                        501 E. State Street
                        Trenton, NJ 08625
                        (609) 292-2965

                        DIVISION OF PARKS & FORESTRY
                        CN 404
                        501 E. State Street
                        Trenton, NJ 08625
                        (609)  292-2797

                              BARNEGAT LIGHTHOUSE STATE PARK
                              P.O. Box 167
                              Bamegat Light, NJ 08006
                              (609) 494-2016

                              ISLAND BEACH STATE PARK
                              P.O. Box 37
                              Seaside Park, NJ 08752
                              (908) 793-0506

                        DIVISION OF SCIENCE AND RESEARCH
                        CN 409
                        401 E. State Street
                        Trenton, NJ 08625
                        (609) 984-6070

                        ENGINEERING AND CONSTRUCTION ELEMENT
                        1510 Hooper Avenue
                        Toms River, NJ 08753
                        (908) 255-0774

                        ENFORCEMENT
                        CN 029
                        401 E. State Street
                        Trenton, NJ 08625
                        (609) 984-3285
                        (908) 255-0787 (Toms River)




                                                        7








                                          STATE OF NEW JERSEY (cont.)

                        GREEN ACRES
                        CN 412
                        1230 Whitehorse-Mercerville Road
                        Trenton, NJ 08625
                        (609) 588-3450

                        LAND USE REGULATION PROGRAM
                        CN 401
                        501 E. State Street
                        Trenton, NJ 08625-0401
                        (609) 984-3444

                        NATURAL & HISTORIC RESOURCES
                        CN 402
                        501 E. State Street
                        Trenton, NJ 08625
                        (609) 292-3541

                        NEW JERSEY TIDELANDS RESOURCE COUNCIL
                        9 Ewing Street
                        CN 401
                        Trenton, NJ 08625
                        (609) 292-2573

                        NEW JERSEY WASTEWATER TREATMENT TRUST
                        CN 029
                        1333 Brunswick Circle
                        Trenton, NJ 08625
                        (609) 292-3998

                        OFFICE OF ENVIRONMENTAL SERVICES
                        MATCHING GRANT PROGRAM
                        CN 402
                        401 E. State Street
                        Trenton, NJ 08625
                        (609) 984-0828

                        OFFICE OF REGULATORY POLICY
                        COASTAL MANAGEMENT PROGRAM
                        CN 029
                        401 E. State Street
                        Trenton, NJ 08625
                        (609) 633-7021






                                                        8








                                      STATE OF NEW JERSEY (cont.)

                      SCIENCE AND TECHNICAL PROGRAMS
                      BUREAU OF MARINE WATER CLASSIFICATION AND ANALYSIS
                      P.O. Box 405
                      Stoney Hill Road
                      Leeds Point, NJ 08220
                      (609) 748-2000

                DEPARTMENT OF LAW AND PUBLIC SAFETY

                      BOAT REGULATION COMMISSION
                      New Jersey State Police
                      Marine Law Enforcement Bureau
                      P.O. Box 7068
                      West Trenton, NJ 08625-0068
                      (609) 882-2000

                      DIVISION OF MOTOR VEHICLES SERVICES
                      CN 160
                      25 South Montgomery Street
                      Trenton, NJ 08625
                      (609) 292-4570

                      NEW JERSEY STATE POLICE
                      MARINE LAW ENFORCEMENT BUREAU
                      P. 0. Box 7068
                      West Trenton, NJ 08625-0068
                      (609) 882-2000

                      STATE ATTORNEY GENERAUS OFFICE
                      CN 081
                      Hughes Justice Complex
                      Trenton, NJ 08625
                      (609) 292-8740

                DEPARTMENT OF TRANSPORTATION
                CN 600
                1035 Parkway Avenue
                Trenton, NJ 08625
                (609) 530-3535

                NEW JERSEY HIGHWAY AUTHORITY
                Garden State Parkway
                Woodbridge, NJ 07095
                (908)442-8600





                                                  9








                                      STATE OF NEW JERSEY (cont.)

                 NEW JERSEY LEGISLATURE
                       House Annex
                 Trenton, NJ 08625
                 (800) 792-8630
                 (609) 292-4840

                 NEW JERSEY PINELANDS COMMISSION
                 P.O. Box 7
                 15 Springfield Road
                 New Lisbon, NJ 08064
                 (609)894-9342

                 NEW JERSEY SEA GRANT
                 Agricultural Building
                 1623 Whitesville Road
                 Toms River, NJ 08755
                 (908) 349-1210

                 OFFICE OF STATE PLANNING
                 150 West State Street
                 CN 204
                 Trenton, NJ 08625
                 (609) 292-7156

                 PUBLIC ADVOCATE
                 CN 850
                 Hughes Justice Complex
                 Trenton, NJ 08625
                 (609) 292-0770

                 NEW JERSEY NATURAL LAND TRUST
                 501 E. State Street
                 CN 402
                 Trenton, NJ 08625
                 (609) 984-1339


                                               UNITED STATES


                 ARMY CORPS OF ENGINEERS
                 Philadelphia District
                 Second & Chestnut Streets
                 Philadelphia, PA 19106
                 (215) 597-4723





                                                      10









                                       UNITED STATES CON'T

                .-DEPARTMENT OF AGRICULTURE
                      SOIL CONSERVATION SERVICE
                      NJ State Office
                      1370 Hamilton Street
                      Somerset, NJ 08873
                      (908) 246-1662

                      Ocean County Field Office
                      714 Lacey Road
                      Forked River, NJ 08731
                      (609) 971-3316

                DEPARTMENT OF TRANSPORTATION
                400 7th Street, SW
                Washington, DC 20590
                (202) 366-5580

                ENVIRONMENTAL PROTECTION AGENCY
                Region 11
                26 Federal Plaza, RM 402
                New York, NY 10007
                (212) 264-2525

                FEDERAL EMERGENCY MANAGEMENT AGENCY
                NATIONAL FLOOD INSURANCE PROGRAM
                Region 11
                26 Federal Plaza, RM 1338
                New York, NY 10007
                (212) 225-7209

                FISH AND WILDLIFE SERVICES
                One Gateway Center
                Suite 700
                Newton, MA 02158

                927 N. Main Street, Bldg. D
                Pleasantville, NJ 08232
                (609) 646-9310

                      DIVISION OF ECOLOGICAL SERVICES
                      P.O. Box 534
                      700 White Horse Pike
                      Absecon, NJ 08201
                      (609) 646-9310









                                       UNITED STATES CONIT

                      Edwin B. Forsyth National Wildlife Refuge
                      Barnegat Division
                      P.O. Box 544
                      Barnegat, NJ 08005
                      (609) 698-1387

                      Brigantine Division
                      P.O. Box 72
                      Oceanville, NJ 08231
                      (609) 652-1665

                NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)
                1825 Connecticut Avenue, NW
                Suite 706
                Universal Building South
                Washington, DC 20235
                (202) 606-4152

                UNITED STATES COAST GUARD
                Governors Island
                Building 135A
                New York, NY 10004
                (212) 264-8341


                                           ASSOCIATIONS

                ALLIANCE FOR A LIVING OCEAN
                P.O. Box 95
                Ship Bottom, NJ 08008
                (609) 494-0222

                ALLIANCE FOR NEW JERSEY ENVIRONMENTAL EDUCATION (ANJEE)
                Box 693
                Bernardsville, NJ 07924
                (908) 766-5787

                AMERICAN LITTORAL SOCIETY
                Sandy Hook
                Highlands, NJ 07732
                (908) 291-0055

                ASSOCIATION OF NEW JERSEY ENVIRONMENTAL COMMISSIONS (ANJEC)
                300 Mendham Road
                P.O. Box 157
                Mendham, NJ 07945
                (201) 539-7547


                                                  12








                                          ASSOCIATIONS (cont.)

                 .-BOY SCOUT COUNCIL
                 'P.O. Box 1247
                 Toms River, NJ 08753
                 (908) 349-1037

                 CITIZENS CONSERVATION COUNCIL OF OCEAN COUNTY
                 220 Virginia Drive
                 Brick, NJ 08723
                 (908) 477-1339

                 CLEAN OCEAN ACTION
                 P.O. Box 505
                 Sandy Hook-Highlands, NJ 07732
                 (908) 872-0111

                 ENVIRONMENTAL EDUCATION NETWORK
                 127 Cardinal Drive
                 Toms River, NJ 08755
                 (908) 341-4957

                 GERALDINE R. DODGE FOUNDATION, INC.
                 95 Madison Avenue
                 Morristown, NJ 07962-1239
                 (201) 540-8442

                 GIRL SCOUT COUNCIL
                 1405 Old Freehold Road
                 Toms River, NJ 08753
                 (908) 349-4499

                 IZAAK WALTON LEAGUE
                 Ocean County Chapter
                 P.O. Box 668
                 Mantoloking, NJ 08738
                 (908) 892-3465

                 JERSEY COAST ANGLERS ASSOCIATION
                 P.O. Box 111
                 Spring Lake, NJ 07762
                 (908) 506-6409

                 JERSEY SHORE AUDUBON SOCIETY
                 P.O. Box 1800
                 Point Pleasant Beach, NJ 08742
                 (908) 928-9117




                                                    13








                                        ASSOCIATIONS (cont.)

                JOYCE FOUNDATION GRANTS
                -135 S. LaSalle Street
                Suite 4010
                Chicago, IL 60603-4886
                (312) 782-2464

                LONG BEACH ISLAND CONSERVATION SOCIETY
                Barnegat Light, NJ 08006
                (609) 494-2096

                MARINE MAMMAL STRANDING CENTER
                P.O. Box 773
                Brigantine, NJ 08203
                (609) 266-0538

                MARINE TRADE ASSOCIATION OF NEW JERSEY
                P.O. Box 218
                Rumson, NJ 07760
                (908) 530-0635

                MID-ATLANTIC COUNCIL OF WATERSHED ASSOCIATIONS
                2955 Edge Hill Road
                Huntingdon Valley, PA 19006

                NATURE CONSERVANCY
                New Jersey Field Office
                17 Fairmount Road
                Pottersville, NJ 07979
                (908) 439-3007

                NEW JERSEY AUDUBON SOCIETY
                P.O. Box 125
                Franklin Lakes, NJ 07417
                (201) 891-1211

                NEW JERSEY CONSERVATION FOUNDATION
                300 Mendharn Road
                Morristown, NJ 07960
                (201) 539-7540

                NEW JERSEY FEDERATION OF PLANNING OFFICIALS
                66 Morris Avenue
                P.O. Box 359
                Springfield, NJ 07081
                (201) 379-1100




                                                  14








                                          ASSOCIATIONS (cont.)

                 -NEW JERSEY FEDERATION OF SPORTSMEN'S CLUBS
                 P.O. Box 673
                 Flanders, NJ 07836-0673
                 (908) 735-5046

                 NEW JERSEY MARINE EDUCATION ASSOCIATION
                 Nacote Marine Lab
                 P.O. Box 418
                 Port Republic, NJ 08241
                 (609) 748-2031

                 NEW JERSEY MARINE SCIENCES CONSORTIUM
                 Sandy Hook Field Station, Bldg #22
                 Fort Hancock, NJ 07732
                 (908) 872-1300

                 NEW JERSEY POLLUTION RESPONSE
                 P.O. Box 2485
                 Trenton, NJ 08608
                 (609) 396-9812

                 OCEAN COUNTY CITIZENS FOR CLEAN WATER
                 P.O. Box 4724
                 Toms River, NJ 08754
                 (908) 240-7241

                 OCEAN NATURE & CONSERVATION SOCIETY
                 21 Winding River Drive
                 Toms River, NJ 08755
                 (908) 244 5722

                 PINELANDS INSTITUTE FOR NATURAL & ENVIRONMENTAL STUDIES
                                                                   Al
                 120-13 Whitesbog Road
                 Browns Mills, NJ 08015
                 (609) 893-1765

                 PINELANDS PRESERVATION ALLIANCE
                 120-34B Whitesbog Road
                 Browns Mills, NJ 08015
                 (609) 893-4747

                 SAVE OUR OCEAN COMMITTEE
                 160 Pershing Boulevard
                 Lavallette, NJ 08735
                 (908) 793-5253




                                                    15








                                        ASSOCIATIONS (cont.)

               -.-,SAVE OUR SHORES
                '2040 Sixth Avenue
                ,Neptune, NJ 07753
                (908) 775-2090

                SIERRA CLUB - NEW JERSEY CHAPTER
                57 Mountain Avenue
                Princeton, NJ 08540
                (609) 924-3141

                SOUTH JERSEY RESOURCE CONSERVATION & DEVELOPMENT PROGRAM
                251 Bellevue Avenue
                Hammonton, NJ 08037
                (609) 561-3223

                VICTORIA FOUNDATION, INC.
                40 South Fullerton Avenue
                Montclair, NJ 07043
                (201) 783-4450

                WETLANDS INSTITUTE
                Stone Harbor Boulevard
                Stone Harbor, NJ 08247
                (609) 368-1211

                WILLIAM PENN FOUNDATION
                1630 Locust Street
                Philadelphia, PA 19103
                (215) 732-5114

                Y.E.S. (Youth Environmental Society)
                P.O. Box 441
                Cranbury, NJ 08512
                (609) 655-8030















                                                  16
























                                     APPENDIX 7


              MODEL ORDINANCE FOR CREATING AN ENVIRONMENTAL COMMISSION












              ENVIRONMENTAL COMMISSION                                               the unexpired term in the same manner as an
              MODEL ORDINANCE                                                        original appointment.
                                                                                     SECTION 3. Powers of Comn-dssion: The
                  An ordinance to establish an Environmental                         'Commission is established for &e. protection,
                  Commission in the@_ of,                     I                      development or use of natural resources, includ-
                  County of _ and state of New Jersey.                               ing water resources, located within territorial
                  SECTION 1. Creation: The municipality of                           limits of the municipality of _. The
                              Environmental Commission is hereby                     Commission shall have'power to conduct
                  established pursuant to Chapter 245 of the Laws                    research into the use and possible use of the
                  of 1968 (N.J.S.A. 40:56A-1 to 40:56A-12), as                       open land areas of the municipality and may
                  amended by Chapter 35, P L 1972.                                   coordinate the activities of unofficial bodies
                  SECTION 2. Members: A Commission shall                             organized for similar purposes, and may adver-
                                                                                     tise, prepare, print, and distribute books, maps,
                  consist of seven (7) members appointed by the                      charts, plans and-pamphlets which in its judg-
                  Mayor, one of whom shall also be a member of                       ment it deems necessary for its purposes. It shall
                  the Planning Board and all of whom shall be                        keep an index of all open areas, publicly or pri-
                  residents of the municipality of              the                  vately owned, including open marshland,
                  members shall serve without compensation                           swamps and other wetlands, in order to obtain
                  except as hereinafter provided. The Mayor shall                    information on the proper use of such areas and
                  designate one of the members to serve as Chair-                    may from time to time recommend to the
                  man and presiding officer of the Commission.                       Planning Board plans and programs ibr inclu-
                  The terms of the office of the first commission-                   sion in the Master Plan and the development
                  ers shall be for 1, 2 or 3 years, to be designated                 and use of such areas.
                  by the Mayor in making his appointments, and
                  their successors shall be appointed ibr terms of                   SECTION 4. Acqisisidons by Commission:
                  3 years and until the appointment-and qualifica-                   The Environmental Commission may, subject to
                  tion of their successors. The first members of                     the approval of the governing body, acquire
                  the Commission shall be appointed for the 661-                     property, both real and personal, in the name of
                  lowing terms:                                                      the municipality by gift, purchase, grant, bequest,
                  2 members for the I-year term expiring                             devise or lease for any of its purposes and shall
                  December 31, 19-,                                                  administer the same for such purposes subject to
                                                                                     the terms of the conveyance or gift. Such an
                  2 members for the 2-year term expiring                             acquisition may be to acquire the fee or any lesser
                  December 31, 19-,                                                  interest, development right, easement (including
                  3 members for the 3-year term expiring                             conservation easement), covenant or other con-
                  December 31, 19-,                                                  tractual right (including a conveyance on condi-
                                                                                     tions or with limitations or reversions), as may be
                  The Mayor or governing body may remove any                         necxssary to acquire, maintain, improve, protect,
                  member of the Commission for cause, on writ-                       limit the future use of, or otherwise conserve and
                  ten charges saved upon the member and after a                      properly utilize open spaces and other land and
                  hearing thereon at which the member shall be                       water areas in the municipality.
                  entitled to be heard in person or by counseL A
                  vacancy on the Commission occurring other-
                  wise than expiration of a term shall be filled for



                                                                            71














                SECTION 5. Records and Annual Reports:
                The Environmental Commission shall keep
                records of its meetings and activities and make
                an annual report to the governing body.
                SECTION 6. Appropriations: The
                Commission may appoint such clerks and other
                employees and incur such expenses as it may
                from time to time require, providing the same
                shall be within the limits of funds appropriated
                to it by the governing body or otherwise avail-
                able to it.

                SECTION 7. Saulies mid Recomnwndations:
                The Environmental Commission shall have
                power to study and make recommendations con-
                cerning open space preservation, water resources
                management, air pollution control, solid waste
                management, noise control, soil and landscape
                protection, environmental appearance, marine
                resources and protection of flora and fauna.
                SECTION & This Ordinance shalt take
                effect immediately uponits passage and publica-
                tion according to law.
                                 Mayor


                Passed first readiW.                   I9_'
                Passed and approved:






              SOURCE: Environrn          ental Commissioners' Handbook.                N.J. Department
              of Environmental Protection and Association of New Jersey
              Environmental Commissions, 1990.






                                                                  72























                                         APPENDIX 8


                              MODEL ORDINANCE FOR PLAN REVIEW



























                                                        ..I!





               Deptford TownsLu                      ment Ordinance           Procedures for Review and 6ggELN2L====.
                                   Unified Rme-102






                                                     .Article 300.
                      Procedure    for Review of Subdivision and Site Plan Applications




              Section 301. Purpose
                      The purpose of this article is to provide procedures for the review of applications for
                      subdivisions and site-plans in Deptford Township.

              Section 302. Informal Reviews

                      A. Applicability

                         Nothing in this section shall be considered mandatory but the procedures provided for
                         herein are recommended for the purpose of expediting the review process and reducing
                         development costs.

                      B. Pre- Application Conference
                         1. Any applicant may meet with the admini uative officer or his designee without the
                             payment of any fees and without obligation.

                         2. A pre- application conference may be used to provide the mmlicant with an overview
                             of the substantive and procedural aspects of the devebiLent review Process; to
                             provide insight to acceptability of the proposed plan; and to offer suggestions for
                             the               of said plan.
                         3.  The appUcant may be required to secure an appointment with the administrative
                             officer or his designee in advance of the pro- applic#don conference and to submit a
                             sketch plan of the proposed application. The cobfemnee shall be hold within
                             fourteen days of requesting -an appointment unless the admini mdve officer is
                             unavailable because of illness, vacation, or sinlils, reason.

                         4.  For the purpose of the pre- application conference only, the sketch plan need not be
                             drawn to scale nor be prepared by a licensed engineer, surveyor, architect@
                             landscape architect, or planner but shall contain sufficient information from a tax
                             map or other source to enable the administl@ative officer or his dc@signee to.determine
                             the suitability of the proposal in relation to the standards of this ordinance.
                         5. The pre- application conference is a good- faith meeting between the applicant and
                             the administrative officer or his designee. Nothing discussed at the.conference shall
                             be binding upon either party or upon the planning board.

                    B. Concept Plan Review

                         1. Applicant for major site plan or subdivision approval or other applicants having a
                             particuLu question which can not be resolved at a pre- application conference may


                                                            Page 37







                 Deptford Township Unified Development Ordinance                  Procedures or Review and Ap2roval

                                request a concept plan review.

                             2. Standards for the concept plan.
                                a. The concept plan shall be prepared by an engineer, surveyor, architect or planner
                                    who is licensed or certified by the State of New Jersey.

                                b.  It shall be drawn to one of the following scales:

                                    i. One inch equals ten feet.

                                    2. One inch equals twenty feet.

                                    3. One inch equals thirty feet

                                    4. One inch equals forty feet.

                                    5. One inch equals fifty feet.

                                    6. One inch equals sixty feet.

                                    7. One inch equal one hundred feet.
                                    8. One inch equals two hundred feet.
                                c. The concept plan shall be on paper not less than eight and one half inches wide
                                    by eleven inches long nor more than thirty six inches wide by forty eight inches
                                    wide.

                                d. The concept plan shall contain sufficient detail to enable the reviewing officials to
                                    determine compliance with the ordinance, including the area of all proposed lots
                                    and buildings and dimensions necessary to determine, zoning compliance.

                                c. Roadway and street widths shall be noted but fully engineered plans for streets,
                                    drainage, and other utility or   infrastructure systems shall not be required.

                                f.  The quantity of required concept plans shall be determined by the administrative
                                    officerr based upon the number of review comments that he requests but in no
                                    case shall less than three (3) plans be submitted.
                           3.   The administrative officer may, at his discretion, refer the concept plan to any or all
                                of the following officials:
                                a.  The municipal engineer.
                                b. The municipal planning consultant
                                c. The planning board or municipal solicitor.
                                                           

                                d. The construction and/or zoning officer.

                                e. The municipal utilities authority.

                                f. the environmental commission.


                                                                        
                                                               Page 38






              Detford Townshig Unified Development Chdinance                  Procedures for Review and @E@al


                               g. Such other official or agency as he may feel appropriate.

                          4.   No application fee shall be required for a concept plan review but the applicant shall
                               be required to post escrow fees for the services of professional consultants to the
                               township. At the conclusion of the development review process any unexpended
                               fees may, at the applicanfs choice, be returned or credited towards required fees for
                               a preliminary or final application.

                          5.   Ihere shall be no deadline for submission of concept plans and the applicant shall be
                               entitled to oral comments within thirty (30)- days of submission unless the
                               administrative officer determines that the application should -be submitted to the
                               development review committee or the planning board.
                               a. When the administrative officer feels that the plan is of such significance or
                                 involves a difficult issue that requires submission to the development review
                                 committee the plan, the plan shall be heard at the end of next regularly
                                 scheduled meeting of that commi           fol.lowing the administrative officer's
                                 decision, providing time permits.

                               b. When the success of an application depends on the granting of a "c" variance,
                                 conditional use Permit, or simila relief that can be only granted by the planning
                                 board, either the sidmini trative offi= of the development review committee
                                 may refer the application to the planning board, in which caw no more, than ten
                                 (10) minutes will be allotted to the pmsentation of issues at the conclusion of the
                                 next planning board meeting during which time permim

                               c. When the success of an application depends on the granting of a "d" variance,
                                 the concept plan may be reviewed by the development review committee and/or
                                 the p anning board for an advisory opinion but said opinion will be conditioned
                                 upon the gmntmg of the prescribed "D" variance by the Zoning Hearing Board.
                                 The ten minute n& described above for ref=al to the planning board will also
                                 awy in this fttstanm
                        6. Nothing in the concept review process shall be binding upon any party in the
                            pro=.
            Section 303. Submission, Classification, & Completeness                  of'Formal Applications
                    A. All applications for formal approval, whetha preliminary or finaL shall be submitted to
                         on forms provided by the administrative officer and shall be accompanied by. all
                        required plats, supparting documentation. application fees and escrow fees for
                        professional review. Ile applicant shall also be provided with a copy of the checidist
                         for      ileteness which is contained in Article 700.

                   B. Submission Standards

                        1. Ihe plat shall be prepared and sealed by an engineer, surveyor, =hitect or planner
                            who is licensed or cm-tified by the State of New Jersey.

                       2. It shall be drawn to one of the following scales:

                            a. One inch equals ten feeL



                                                           Page 39







                Deptford Township Unified Development Ordinance                   Procedures for Review and Approval


                                b. One inch equals twenty feet.

                                c. One inch equals thirty feet

                                d. One inch equals forty feet.

                                e. One inch equals fifty feet.

                                f. The following scales may be used only for composite plans where the size of the
                                     development is so large that it must be divided into smaller component sections
                                     for drafting of detailed plans at one of the above scales.

                                     i. One inch equal one hundred feet.
                                     ii. one inch equals two hundred feet.
                          3. The plat shall be on paper not less than eighteen inches wide by twenty four inches
                                long nor more than thirty six inches wide by forty eight inches wide.
                           4.   Plats and supporting documentation must contain all information herein required for
                                the type of approval requested. Where there is a question as to classification of the
                                plan, the applicant may seek advice from the adminastrative officer but official
                                classification shall be determined by the classification and completeness
                                Committee-Failure to provide all required information will result in the plan being
                                declared incomplete.

                          5.    All applications for preliminary or final site plan approval which require public
                                sanitary sewer service shall submit a readopted copy of their application for Form. A
                                approval to the Municipal Utility Authority.
                          6.    Four Copies of all plats and supporting documentation shall be submitted by the
                                applicant prior to classification and  completeness no later than the close of business
                                on the first Friday of every month and shall be distributed by the applicant as
                                follows:

                                a. Two copies shall be delivered to the administraive officer shall date stamp
                                  the Plans Upon receipt  This date shall be considered the official submission
                                  date.

                                b. One copy shall be delivered to the municipal engineer.
                                c. One copy shall be delivered to the municipal planning consultant.
                                The  administrative officer shall supply the applicant with all required addresses and
                                telephone numbers.

                         C.  The classification and completness committee shall confer wither in person or via
                                                                                                                      
                          telephone and shall issue a written report to the applicant as soon as possible. Normally
                          this will occur on the third Monday of each month but in no case shall it require more
                          time than that prescribed for such action by the Municipal Land Use Law, NJSA
                          40:55D- 10.3. The report shall state the classification assigned to the plan and either
                          the fact that the application has been accepted as being complete or that it is incomplete
                          and a list of the items which are lacking.



                                                              Page 40







                  Deptford Township Unified Development Ordinance                 Procedures for Review and Approval
                                                                                                              


                              I . Only plans which include all information required by this ordinance and noted on
                                  the check list shall be deemed complete and forwarded to the development review
                                  committee.

                              2. Where the Classification and Completeness Committee finds the deficiencies to be
                                  minor and capable of quick resolution, it may conditionally accept the plan as
                                  complete provided that the missing items are supplied prior to consideration by the
                                  development review committee.

                 Section 304. Development Review Committee

                         A. The development review committee may consist of the administrative officer, the
                              municipal engineer, the municipal planning consultant, the 'construction official, a
                        
                              representative of the environmental commission, a representative of the municipal utility
                              authority, a representative of the police department, and the fire marshall and representatives
                              of  the planning and zoning boards.
                        B.  Upon a declaration of completeness, the plan will be scheduled for a development
                              review committee meeting to be normally held on the last Friday of each month.
                         C. The applicant shall be required to submit and distribute the following additional copies
                            of the plat and, when requested, supporting documentation, within two days of
                              notification of completeness:
                              1. Seven copies shall be delivered to the administrative officer who shall date stamp
                                  the plans upon receipt and internally distribute the plats as follows:

                                  a. The construction code official

                                  b. The township police department.

                                  C. The fire marshall.

                                  d. The environmental committee.

                                  e. A copy to be kept for review by members of the public.
                            2. One copy of the plat and supporting documentation when requested, shall be
                                  delivered by the applicant to each of the following officials or agencies, as
                                  applicable.

                                  a. The municipal utility authority.

                                  b. The county planning board
                                  c. The planning board of an adjacent municipality when the proposal is located
                                   within five hundred feet of a municipal boundary line.
                           3. The following certifications shall be required -before an application is heard by the
                                  development review committee.

                                  a. All taxes due the municipality shall be paid.
                                  b. Sufficient monies remain in the escrow account to cover the cost of professional
                                   reviews.


                                                              Page 41





                   REtford TownshiR Unified Devc!gment Ordinance                 Procedures for Review and:Lkg v


                                   c. The applicant shall submit a ct-rdfication at the timeof the development reNiew
                                      committee meeting that all required plans were delivered. 71%at certification may
                                      consist of receipts Erom the recipients or from delivery agencies.
                                   d. Where applicable, the applicant shall submit a certification at the time of the
                                      development review committee meeting that the plan has been submitted for
                                      review by appropriate external agencies such as the New Jersey Department of
                                      Environmental Protection in the case of potential wedands, the County Board of
                                      Health where septic systems are proposed, the couniy engineer's office when
                                      the proposal hai frontage on a county road, the New Jersey Department of
                                      Transportation when the proposal has frontage on a state highway, the Soil
                                      Conservation Service, and any other agency as may be directed by the
                                      administrative officer. A final determination by these,agencies shall not be
                                      required for action, by the development review committee or the planning board
                                      but any action taken shall* be conditioned upon the approval of these agencies.
                          D. Conduct of Development Review Committee Meeting
                              I .  The development review committee meeting is a working session between the
                                   committee and the applicant. It is not a public hearing but its meetings shall be
                                   advertised and the public shall be permitted to observe.
                              2.   Attendance by the applicant and/or his representatives is not mandatory but is
                                   encouraged.
                              I  71c meeting shall be chaired by the admiaistrative officer.
                              4. An electronic sound recording or a written copy of the minutes of the meeting shall
                                   be kept but, in the cast of minutes, need not be a verbatim account of the


                              5. All members of the committee may submit m2l and/or written conximmts regarding
                                   an applicatim Wdtten comments shall be made available w ft applicant;
                              6. A minimum of 6= members of the committee shall constitute a quorum for the
                                   Purpose- of hearing and deciding matters befom iL
                              7. All actions taken by the development review committee shall. be widdn the time
                                   limits prescribed by the Municipal Land Use Law unless said time limits am
                                   waived by the applicant in writing or verbally when r=rded by an electronic
                                   recading deVice.

                 Section 30S. Procedure for Minor Subdivisions and Site Plans

                                                                                                approval
                         A. Minor subdivisions and site plans do not require muunuaxy                     and may be
                              voted upon for final action by the committee. The 66mmittee may condition approval
                              upon compliance with any reasonable condition not in violation with the terms of this
                              ordinance or other applicable local., state, or federal law.

                         B.   A minor subdivision and/or site pl , k which is approved by a majority of the members
                              of development review committee who are present and voting shall be forwarded to the
                              planning board for action at the next regularly scheduled meeting for which space is
                              available on the agenda. The committee shall submit a recommendation for favorable


                                                                Page 42





               Deptford Township Unified DcveloEEnt Ordinance               -procedures for Review and Approval


                           action but a minority report may be submitted by any =m1bers who desire to do so.

                       C.  A minor subdivision. and/or site plan which is not recommended for approval by a
                           maJority of the committee shall be forwarded to the planning board for action at the next
                           regularly scheduled meeting for which space is available on the agenda. The committee
                           shall submit a recommendation for denial but a minority report may be submitted by
                           any members who desire to do so.
                       D.  Any applicant who receives a recommendation foi a denial from the development
                           review committee may waive the time limits for action under the law and may rrsubmit
                           a revised plan without prejudice which incorporates the recommcndations of the
                           committee.

                      E. Ile planning board may condition its approval upon compliance with any reasonable
                           condition not in violation with the terms of this ordinance or other applicable local,
                           state, or federal law.
                      F.   17he approval of a minor subdivision shall expire within 190 days from the date of
                           approval, whether by unanimous action of at least five members of the planning board
                           or by action of the planning board unless a plat conforming to all conditions of approval
                           is filed in conformity with the provisions of the Map Filing Law, M.S.A. 46:23-9.9 er
                           seq. or.a deed clearly describing the approved minor subdivision is filed by the
                           applicant with the county recording officer, the municipal engineer, and the municipal
                           tax assessor as required by N.M.A. 40:55D-1 et seq. Any such plat or deed accepted
                           for such filing shall be signed by the chairinan of the p anning board, the admini native
                           officer, the municipal engineer:, and the municipal planning consultant. -
                      G.'  1"he approval of a minor site plan shall expire within 190 days from the date of
                           approval, whether by unanimous action of at least five members of the planning board
                           or by action of die planning board unless a complete application for a b Wing permit.
                           including ph= conforming to all conditions of approvaL ibs app i            for to the
                             truction official pursuant to Chapter I I of the Deptford Township Code.
                     IL    Ihe zoning requirements and general wrms and conditions upon which the minor
                           subdivision or site plan is granted shall not be changed for a period of two years after
                           the date of approval.
             SEMON 306. General Development Plan Approval (Plinned Unit Developments)


                    A. All applications for approval of planned unit developments (PUD) shall be required to
                           fim so= approval of a general development pJan.
                    B. 11e Development Review Committee shall review all required                      n and shall
                           make a                    to the planning board as to the suitability of the PUD
                           designation and the general development plan.

                    C No. PUD shall be auttiorized unless the Planning Board first makes all of the following
                           terminations:

                           1. That the plan fully complies with the requirements of this Article and the deparmm
                            by the proposed development from the zoning regulations otherwise, applicable to
                            the subject property conform to these standards.



                                                           Page 43






                Deptford Township Unified Development Ordinance                 Procedures for Review and Approval

                            2. That the proposals for maintenance and conservation of commoin open space are
                               reliable, and that the amount, location, arid purpose of the common open space are
                               adeuate.

                            3. That  the provisions through the physical design of the proposed development for
                               public services, control over vehicular and pedestrian traffic, and the amenities of
                               light and air, recreation and and visual enjoyment are adeuate.
                            4. That the proposed PUD will not have an unreasonably adverse impact upon the area
                               in which it is to be established.

                            5. That in the case of a proposed PUD which contemplates construction over a period
                               of years,that the terms and conditions intended to protect the-interests of the public
                               and of the residents, occupants and owners of the proposed development in the
                               completion of the development are adeuate.


                       D. The planning board shall grant or deny general development plan approval within such
                            limits as air prescribed by the Municipal Land Use Law unless these limits are waived
                            by the applicant in writing or orally, when said oral waiveris recorded by means of an
                            electronic recording device.

                      E. The term of the effect of the general development plan approval shall be determined by
                            the planning board using the guidelines set forth below
                            1. In making its determination regarding the duration of the effect of approval of the
                               development plan the planning board shall consider, the number of dwelling units
                               or amount of nonresidential floor lima to be constructed prevailing economic
                               conditions, the timing schedule to be followed in completing the development and
                               the likelihood of its fulfillment, the developer's capability of completing the
                               proposed development and the contents of the general development plan and any
                               conditions which the planning board attaches to the approval thereof.

                          2.The approval may be extended by the Planning Board for good cause for additional
                               two (2) years period but the Planning Board shall have the right to include with
                               each extension a requirement that the PUD comply with such additional conditions
                               as the Planning Board may doern approval and in the public interest. In no case
                               shall the term of the effect of the approval and any extensions exceed 20 years from
                               do date upon which the developer receives find approval of the first section of the
                               planneed development.
                          3.   The applicant shall to the satisfaction of the Township, construct required
                               improvements or post sufficient bond, notes,or letters of credit, to insure that in
                               the event to the 60PUD is not fully developed prior to the expiration of the General
                               Development Plan, that adequate recreational    circulation, utility, and community
                               facilities shall be provided the residents      occupants of those portions of the
                               development which are completed.
                          4.   Approval of the PUD General Development Plan does not relieve the applicant of
                               the necessity to apply for site plan and/or subdivisional approval for each and every
                               section of the development and to fully comply with the requirements of this
                               ordinance, as applicable.
                          5. Any guarentees or right granted pursuant     to approval of a subdivision or site plan


                                                            Page 44





                  E@Rtford Township Unified Development OTdinance                  Procedures for Review and A22roval

                                  for a specific section shall run independently of the term of the General
                                  Development Plan.

                                  a.  In the event that a general development plan approval expires prior to the
                                      expiration of rights granted pursuant to a subdivision or site plan for a specific
                                      section, the rights granted to that section shall remain in effect for the period
                                      guaranteed by law.
                                  b.  Upon the expiration of general development plan approval the conditional
                                      approval of the PUD shall be deemed to have expired and the land shall be
                                      regulated by the zoning regulations of the underlying district-
                              6. The planning board may condition approval upon compliance with any reasonable
                                  condition not in violation with the terms of this ordinance or other applicable local,
                                  state, or federal law.

                         F.  In the event that the developer seeks to modify the proposed timing schedule, such
                             modification shall require the approval of the planning board. The planning board
                             shall, in deciding whether or not to grant approval of the modification, take into
                             consideration prevailing economic and market conditions, anticipated and actual needs
                             for residential units and nomrsidential space within the municipality and the region, and
                             the availability and capacity of public facilities to accommodate the proposed
                             development.
                             1.  Except as Provided h=under, the developer shall be required to. gain the prior
                                 approval.of the planning board if, after approval of the general development plan,
                                 the developer wishes to make any variation in the location of land uses within the
                                 planned developmen or to increase. the density of residential development or the
                                 floor ama ratio of nonresidential development in any section of the planned
                                 development;

                            2.   Any variation in the location of land u      or increase in density or floor area ratio
                                 proposed in reaction to a negative decision of, or condition of development
                                 approval imposed by the Department of hviro mental Protection pursuant to P. L
                                 1973, c. 185 (C 13:19-1 et seq.) shall be approved b
                                                                                          y the planning,board if the
                                 developer can demonstrate.to the satisfaction Of -theplanning board, that the
                                 variation being proposed is a direct result of such      minsition by the Depar=ent
                                 Of Frivirompental Protection.

                            3.   Except as provided haeunder, once a general development plan has been approved
                                 by the p anning board, it may be arnended or revised only upon application by the
                                 de-velopa approved by the planning board.
                            4.   A developer, without violating the tm= of the approval pursuant to this* act, may,
                                 in undertaking any section of the planned              ment, reduce the number of
                                 residential units or amount of                  floor ace by no more than 15% or
                                 reduce the residential densityor nonres        -- -- floor ama ratio by no more than
                                 15%; provided, however, that a developer mRy not reduce the. number of residentW
                                 units to be provided pursuant to P. L 1985, c. 222 (C 52:27D-301 et al.) without
                                 prior municipal approval-

                        G. Upon the completion of each section of the development as set forth in the approved
                            general development plan, the developer shall notify the administrative officer, by
                            certified mail, as evidence that the developer is fulfilling his obligations under the


                                                                Page 45






                 LkEtford Towns!p Unified Development Ordinance                  Procedures for Review and,@Egroval

                             approv--d plan. For &.e purpose of this section, "completior" of any section of the
                             development shall mean that the developerhas acquired a certificate of occupancy for
                             every residential unit or every nonresidential structure, zs set forth in the approved
                             general development plan and pursuant to section 15 of P. L. 1975, c.-217 (D. 52-27D-
                             133). If the municipality does not receive such notification at the completion of any
                             section of the development, the municipality, shall notify the developer, by certified
                             mail, in order to determine whether or not the terms of the approved plan are being
                             complied with.
                             1. If the developer does not complete any section of the development within eight
                                months of the date provided for in,the approved plan, or if at any time the
                                municipality has cause to believe that the developer is not fidfilling his obligations
                                pursu iant to the approved plan, the municipality shall notify the developer, by
                                certified mail, and the developer shaU have 10 days within which to give evidence
                                that he is fulfilling his obligations- pursuant to the approved plan. The municipality
                                thereafter shall conduct a hearing to determine whether or not the developer is in
                                violation of the approved plan. If, after such a hearing, the municipality finds good
                                cause to terminate the approval, it shall provide written notice of same to the
                                developer and the approval sW be terminated 30 days th=afier.
                             2. It the event that the developer who has general development plan approval does not
                                apply for preHminary approval for the planned development which is the subject of
                                that general development approval within five years of the date upon which the
                                general development plan has been -approved by the pl[anning board, the
                                             shall have cause to tmm= the approval.
                             3. In the event that a development which is the subject of an approved general
                                development plan is completed before the end of the term of the approvaL the
                                approval shall terniinate with the completion of the development. For the purposes
                                of this section, a development shaU be considered complete on the date upon which
                                a certificate of occupancy has been issued for the final residential or
                                          in the I= section of the d"clopmen in accordance with the                  g
                                schedule set forth in the a
                                                         . pproved general devielopment plan and the developer has
                                fillfilled all of his obligations pursuant to the approvaL .
                                                                                   MAP
               SECTION 307. Procedures for Major Subdivision and Site Plans-
                       A. htliminaty Subdivision and Site Plan Appuval.
                           1. All applications for preliminary subdivision and.site plan approval shall be
                                submitted to the development review commium for doir advice and commem

                                L Major Preliminary subdivisions and site plans which are approved by a majority
                                   of the members of development raview committee who am present-and voting
                                   shill be forwarded to the planning board for action at the next regularly
                                   scheduled meeting for wbid space is available on the agenda. The committee
                                   shall, submit a 9 F                 favorable action but a minority xqpor may be
                                   submitted by any members veho desite to do s 0.
                                b. A major preUminary subdivision and/or site plan -which is not approved by a
                                   majority of the members of development review committee who am present and
                                   voting shall be forwarded to the planning board for action at the next regularly
                                   scheduled meeting for which space is available on the agenda. Ile committee
                                   shall submit a recommendation for denial but a minority report may be


                                                              Page 46






                 Dgtford Township Unified Deve!Mment Ordinance                   Procedures for Review anLk
                                                                                                                 22roval


                                     submitted by any members who desire to do so. Any applicant who receives a
                                     recommendation for a deniall from the development review committee may
                                     waive the time limits for action under the law and may resubmit a revised plan
                                     without prejudice which micorp  orates the recommendations of the committee.
                            2.  The planning board shall consider an application for preliminary subdivision
                                approval at the next meeting following rec6pt of the recommendation of the
                                development review committee, provided that room exists on its agenda. In no case
                                shall action be delayed for longer than the period prescribed by the Municipal Land
                                Use Law unless the applicant has waived the time limits in writing or orally when
                                the waiver is recorded by means of an electronic recording device.
                            3. Ile planning board may condition approval upon compliance with any reasonable
                                condition not in violation with the terms of this ordinance or other applicable local,
                                state, or federal law provided, however, that no preliminary plan approval shall be
                                granted prior to the granting of Form A approval for sanitary sewer service by the
                                Deptford Township Municipal Utilities Authority.

                            4. Effect of Preliminary Approval.

                                The preliminary approval of a subdivision or site plan shall confer the following
                                rights for a period of three years, unless the period for such rights is amended by
                                the Municipal Lind Use Law.

                                a.  The general terms and conditions on which preliminary approval was granted
                                    shall not be changed without approval of the applicant, including, but not
                                    limited to use requiements, layout and design standards for streets, curbs and
                                    sidewalks, lot sizm yard dimensions@ and off- tzac improvements, provided
                                    however that nothing herein shall be construed to prevent the municipality from
                                    modifying by ordinance such general term and conditions of preliminary
                                    approval as are related to public health and safety.
                                b.  The applicant may submit an application for final approval basdd upon all or a
                                    pxtion of the am covered by preliminary approvaL
                                c. The applicant may apply for, and the planning board may, at its discredon, grant
                                    and 6Etendon of the preliminary approval foriot more than two additional one
                                    yeu periods, provided however that any subsequent amendments to this
                                    ordinance shall apply to the application after the expiradon of the initial three
                                    yea period.
                                d. In the cast of a subdivision or site plan approval in excew of fifty (50) acres, the
                                    planning bond may grant the rights referred to in subsections a and b above for
                                    a reasonable period of greater than three yeam but not more dm seven years.
                                    The applicant may apply for, and the planning board may, at its discretion,
                                    grant and extension of the preliminary approval for not more than three
                                    additional one year periods, provided however that any subsequent amendments
                                    to this oidinance shall apply to the application after the expiration of the initial
                                    three year period. The granting of this extended approval period shall be based
                                    upon the planning board's consideration of such factors as:

                                    L The total number of dwelling units and/or squarefootage of non- residential
                                       floor area which is proposed.



                                                               Page 47





                  Deptford TownshiE Unified Deve!2mnt Ordinance                  Procedures for Review and ApLr@val


                                     ii. Economic conditions

                                     iii. Ile comprehensiveness of Lhe developmenL

                         B. Concurrent Preliminary and Final Approval
                             Ile planning board may, as its discretion, and acting upon a recommendation from the
                             development review committee, approve a request from an applicant to concurrently
                             consider preliminary and final subdivision and site plan plats provided that:
                             1. The application does not involve the construction of a new street.
                             2. The application involves the creation of ten (10) or fewer lots.
                             3. The total square footage of non- residential construction involves less than 25,000
                                  square feet of floor area andless than:30,000 square feet of impervious surface.

                         C Final Approval
                             1. All applications for final subdivision and site plan approval shall be submitted to the
                                 development review committee for their advice and comment.
                                a.  Major final subdivisions and site plans which are approved by a majority of the
                                    members of development review committee who are present and voting shall be
                                    forwarded to the planning board for action at the next regularly scheduled
                                    mecting for Which space is available on the agenda. Ile committee shall submit
                                    a                  It for favorable action but a minority report may be submitted
                                    by any members who desire to do so.
                                b.  A major final subdivision and/or site plan which is not approved by a majority
                                    of the rn@mbers of development review committee who are present and voting
                                    shall be forwarded to the planning board for action at the next regularly
                                    scheduled meeting for which space is available on the agenda. Tat committee
                                    shall -submit a r=ommendation for denial but a minority report may be
                                    submitted by any members who desire.to do so. Any applicant who receives a
                                                   *on_ for a denial fiom the development review committee may
                                    waive the time limits for action under the law aid may resubmit a revised plan
                                    wittiota prejudice which incorporates the T     -mendmSon of the committee.
                            2. The planning board shall consider an application for final subdivision approval at the
                                next meeting following receipt of the recommendation of the development review
                                C011111uttee, provided that room exists on'its agenda. In no case shall action be
                                delayed for longer than the period prescribed by the Municipal Land Use, Law
                                unless the applicant has waived the time limits in writing or orally when the waiver
                                is recorded by means of an electronic recording device.
                            3. The planning board may.condition approval upon compliance with any reasonable
                                condition not in violation with the terms of this ordinance or other applicable locaL
                                state, or federal law provided, however, that in the case of a plan receiving
                                FLcliminary and final approval concurrently no such approval shall be granted until
                                the project has received Form A approval from the Deptford Township Municipal
                                Utilities Authority.
                            4. All final plans shall be revised to incorporate any conditions of approval and,.when


                                                               Page 48





                 Reptford Township Unified Development Ordinance                Procedures for Review and A2proval


                                 all such conditions have beftv met, the revised final plat shall signed by the
                                 chairman of planning board, the administrative officer, the municipal enginer.-r, arA
                                 the municipal planning consultant.
                            5, The final approval of a major subdivision shall expire within 95 days frorri the date
                                 of the last required signature unless the plat shall have been filed by the developer
                                 with the county recording officer, in conformity with the provisions of the Map
                                 Filing Law, NJ. S.A. 46:23-9.9 er seq. , and a receipt of said filing is returned to
                                 the administrative officer-, provided however that the planning board may, forjurt
                                 cause, extend the time period for flag for a total period of up to 190 days from the
                                 date of obtaining the last signature.
                            6.   Ile approval of a major site plan shall expire within within 95 days from the date of
                                 the last required signature unless a complete application for at least one building
                                 permit, is applied for to the construction official pursuant to Chapter 11 of the
                                 Deptford Township Code.
                           7. Effect of Final Approval.
                                 The approval of a final subdivision or site plan shall confer the following rights for
                                 a period of. two years, unless the period for such rights is amended by the
                                 Municipal Land Use Law.
                                 a. The zoning requirements applicable to the preliminary approval and all rights
                                   granted to the developer pursuant to the preliminary approval, shall not be
                                   changed without approval of the applicant; provided that the developer has dully
                                   recorded the plat as provided for above or as obtained the required building
                                   ]PCM3iL
                                 b. Ile developer may apply for, and die planning board may, at its discretion,
                                   grant and extension of the final approval for not more than three additional one
                                   year periods.
                                 c. In die case of a subdivision or site plan approval in excess of fifty (50) acres, or
                                   a site plan for 200,000 or more, squam feet of floor area, the p anning board
                                   may grant the rights refewed to in subsections a and b above for a masonable
                                   period of gre= than two years, but not more d= seven ye'am Ile applicant
                                   may apply for, and the planning board may, at its discr-etion, grant and
                                   extension of the preliminary approval for notmore than ffiree additional one
                                   yea periods. 7he gmnang of this extended approval period sMU be based
                                   upon the planning boaft consideration of such factors as:
                                   L 7be total number of dwelling units and/or square footage of non- residential
                                      floor area which is proposed.

                                   iL Economic conditions

                                 HL The comprehensiveness of the development.

                               d. All final approvals are conditioned upon submission of required bonds or other
                                   sureity of a form satisfactory to the Township, as prescribed hmrin. if required
                                   street, utility, and similar improvements are not constructed, the Township shall
                                   call said bond or sureity and use its procceeds to construct.said improvements at
                                   the applicants expense.
               SOURCE: The Waetzman Planning Group, Woodbury, NJ.

                                                             Page 49
























                                    APPENDIX 9


                       SAMPLE WATERSHED ASSOCIATION BYLAWS




































   z













                                       AMENDED AND RESTATED


                                              BY-LAWS



                                        Table  of Contents



                 Content                                                      Egge

                 Article I.   Purposes                                          1


                 Article II. Board of Trustees                                  1
                         2.1  General Duties and Powers,                        I
                         2.2  Number, Qualification-and Term                    2
                         2.3  Quorum and Manner of Acting                       3
                         2.4  Place of Meeting                                  3
                         2.5  Annual Meeting                                    3
                         2.6  Regular Meeting                                   3
                         2.7  Special Meetings;  Notice                         3
                         2.8  Action without Meetings                           4
                         2.9  Resignations                                      4
                         2.10 Removal                                           5
                         2.11 Vacancies                                         5
                         2.12 Compensation of Trustees                          5
                         2.13 Nominating Committee                              5
                         2.14 Meeting by Telephone                              6
                         2.15 Committees of the Board                           6
                         2.16 Attendance Requirements                           a

                Article  III.  Officers                                         8
                         3.1  Number                                            8
                         3.2  Election, Term of Office and Qualifications       8
                         3.3  Resignations                                      8
                         3.4  Removal                                           9
                         3.5  Vacancies                                         9
                         3.6  The President                                     9
                         3.7  The Vice Presidents                             10
                         3.8  The Secretary                                   10
                         3.9  The Treasurer                                   11
                         3.10 The Assistant Officers                          11
                         3.11 Compensation of Officers                        12
                         3.12 Absence of Officer                              12

               Article   IV.  Meetings                                        12
                         4.'l Annual Meeting                                  12
                         4.2  Notice                                          12
                         4.3  Place of Meeting                                12
                         4.4  Regular Meeting                                 13
                         4.5  Special Meetings                                13
                         4.6  Organization of Meeting                         13
                         4.7  Voting                                          13
                         4.8  Order of Business                               14










                 Article V-  MembershiR                                     14
                         F.1 Membership                                     14
                         5.2 Application                                    14
                         5.3 Vote                                           15
                         5.4 Removal                                        15'
                         5.5 Resignation

                Article  VI. Contracts, Checks, Notes, Etc.                 16
                         6.1 Execution of Contracts, Checks, Notes, Etc.    16

                Art"Lcle VII. Miscellaneous                                 16
                         7.1 Seal                                           16
                         7.2 Fiscal Year                                    16
                         7.3 Amendments-                                    16














                                     AMENDED AND RESTATED


                                          .BY    LAWS


                           OF UPPER RARITAN WATERSHED ASSOCIATION


                Incorporated as a Non-Profit Organization under and pursuant
                to Title 15 of Revised Statutes of New Jersey.

                                           ARTICLE I


                                            PURPOSES'

                     1.1 Purposes. The purposes for which this corporation

                is formed are to maintain watershed protection including

                soil, forest, woods, water and wildlife conservation and

                protection, and to promote the restoration and conservation

                of all the natural resources of the Upper Raritan Watershed;

                to conduct scientific investigations and research to aid the

                accomplishment of any and all of the above purposes, and to

                do all things suitable and appropriate to protect and

                improve the communities of an area within the watershed.

                                          ARTICLE II


                                      BOARD OF TRUSTEE91@

                    2.1 General Duties and Powers. The Board of Trustees

                shall have the control and management of the property,

                affairs and activities of the Corporation and shall exercise

                all such powers of the Corporation, and do all lawful acts

                and things necessary or expedient in the control and

                management thereof, as are not by statute and by the

                Certificate of Incorporation or by these By-laws directed or









                required to be done by the members.      The Board may adopt

                such rules and regulations for the conduct of its meetings

                and the management of the Corporation as it may deem proper,

                not inconsistent with law. 'The trustees shall act only as a

                board, and the individual   trustees shall have no power as

                such.

                     2.2   Number, Oualification and Term of Office.       The

                number of trustees shall be no less than ten nor more than

                forty. Each trustee must be at least eighteen years of age.

                Each trustee must be and remain a member in good standing of

                the Corporation. Within such limits, the members may

                determine the number of trustees which shall constitute the

                Board from time to time. The trustees shall be elected at

                the annual meeting of-the members of the Corporation. Each'

                trustee shall hold office for a term of three years and

                until that trustee's successor shall have been elected and

                shall qualify, or until that trustee's death, resignation or

                removal.

                     In the event of an increase in the number of Trustees

                from time to time,, the term of any new trustee shall be

                established by lot, in order that as far as possible the

                terms of one-third of the trustees shall expire each year,

                so that at each subsequent annual meeting one-third of the

                trustees shall be elected to serve for a period     of  three

                years or until their successors are duly elected.





                                            -2-









                      2.3   Quorum and Manner of Acting.     One-third (1/3) of

                the number of trustees shall constitute a quorum for the

                transaction of business matters at any meeting, but if less

                than one-third (1/3) of the number is present, they may

                adjourn the meeting.     All matters coming before the Board

                shall be decided by a majority vote of those present, unless

                otherwise required by law or by these by-laws.

                      2.4 Place of Meetina, etc. The Board of Trustees may

                hold its meetings at such place or places within or without

                the State of New Jersey as the Board may from time to time

                determine, or, in the case of special meetings, as shall be

                specified or fixed in the respective notices or waivers of

                notice thereof.

                     2.5 Annual Neetihga. The Board of Trustees shall hold-

                an annual meeting for the purpose of election of officers

                and the transaction of other activities and affairs on the

                day of their election or as soon thereafter as convenient,

                at the same place at which the annual members meeting was

                held or such other place as may be prqvided by resolution of

                the Board. Notice of such meeting need not be given.

                     2.6 Regglar Meetings.      Regular meetings of the Board

                of Trustees shall be held at such places and at such times

                as the Board shall from time to time determine.

                     2.7 Special Meetings; Notice. Special meetings of the

                Board of Trustees shall be held whenever called by the

                President or by the Secretary at the request of        any f ive



                                              -3-








                trustees at time being in office.      Notice of each such

                meeting shall be mailed to each trustee, , addressed to the

                trustee at the trustee I s   residence or usual place of

                business at least twenty-four hours before the day on which

                the meeting is to be held or shall be sent to the trustee at
                such place by telegraph, cable, radio or wireless, or be
                given to.the trustee personally or by telephone not later
                than the day before the day on which the meeting is to be

                .held. Every such notice shall state the time and place of

                the meeting, but need not state the purposes thereof.

                Notice of any meeting of the Board need not be given to any

                trustee, however, if waived by the trustee in writing or if

                the trustee is present at such meeting, and does not protest

                prior to the. conclusion of such meeting the lack of notice

                of such meeting.

                    2.8     Action With2Mt MeetiD_qg.      Unless otherwise

                provided by the Certificate of Incorporation or these by-

                laws, any action required or permitted to be taken pursuant

                to authorization voted at a meeting of the Board or any
                committee thereof may be taken without@'a meeting*if prior or

                subsequent to such action, all members of the Board or of

                such committee, as the case may be, consent thereto in

                writing.  Such written consent or consents shall be filed

                with the minutes of the Corporation.

                    2.9 Resigmations. Any trustee of the Corporation may

                resign at any-time by giving written notice to the  President



                                            -4-







                or to the Secretary of the Corporation.       Unless otherwise

                specified, the acceptance of such resignation shall not be

                necessary to make it ef fective.     The resignation shall be

                effective upon receipt thereof by the Corporation or at such
                subsequent time as shall be specified in the notice of

                resign ation.

                     2.10    Removal.   Any trustee, whether chosen by the

                members or by the Board of Trustees may be removed from the

                Board, without or without cause, at any time, by the vote of

                two-thirds of the entire Board of Trustees (other than that

                Trustee).

                     2.11  Vacancies. Any vacancy in the Board of Trustees

                caused by  death, resignation, removal or any other cause

                (including a vacancy caused by an increase in the number of
                trustees), may be filled by a majority vote of the remaining

                trustees.  A trustee elected by the Board to fill a vacancy

                shall hold office for the unexpired term to which such

                vacancy relates.

                    2.12 Compensation of Trustees. Trustees as such shall
                receive no compensation for their'@ services, however,

                trustees may be reimbursed for reasonable expenses in

                connection with their activities on behalf and for the

                benefit of the Corporation upon submission of signed

                vouchers.

                    2.13 Nominating-Committe       The president shall, with

                the advice and consent of the Boardi appoint a       nominating



                                             -5-










                 committee of three to seven members which shall recommend to

                 the Board a slate of members to be submitted for election as

                 .trustees. The trustees shall be elected, as a slate, by the

                 members at the annual meeting of members.       Nothing herein

                 shall prevent members from making a nomination for an

                 alternative slate of trustees at the annual meeting.

                      2.14 Meeting by Tglephone. A trustee on the Board or

                 on a committee of the Board may participate in a meeting of

                 the  Board or such committee, 'by means of a telephone

                 conference call or any other means of communication by which

                 all persons participating in the meeting are able to hear

                 each other.

                      2.15 Committees of the- Board.     The Board may create

                 one or more committees, other than the nominating committee,

                 of one or more trustees and one or more members. No act of

                 any committee which has members who are not trustees shall

                 bind the Board or the Corporation, and each act of such

                 committee shall be advisory only and shall be subject to

                 Board approval. The President shall appoint the members of

                 each Committee and fill any vacancy on* the Committee. Each

                 committee,, to the extent provided in the resolution, shall

                 have and may  exercise the authority of the Board, except

                 that no such committee shall:

                     a.     Make,. alter or repeal any by-law of the

                 Corporation; or





                                              -6-








                    b. Ele%-It or appoint any officer o-- trustee, or remove

               any officer or trustee; or

                    c. Make any grants or distributions of funds; or

                    d.   Submit to members any action that requires the

               approval of members; or

                    e.  Amend or repeal any resolution previously adopted

               by the Board.

                    The Board, may:

                    a. Abolish any such committee at its pleasure; or

                    b. Remove any members of such committee at any time,

               with or without cause.

                    A majority of each committee shall constitute a quorum

               for the transaction of business and the act of the majority

               of the committee members present at a meeting at which

               quorumIs present shall be the act of such committee. Each

               committee shall appoint from among its members a chairman

               unless the President is appointing Committee members.

                    Actions taken at a'meeting of any such committee shall

               be keep in a record of its proceedings which shall be

               reported to the Board at its next meeting following such

               committee meeting, except that, when the meeting of the

               Board is held within two days after the committee meeting,

               such report shall, if not made at the first meeting, be made

               to the Board at its second meeting following such   committee

               meeting.





                                           -7-








                     2.16 Attendance Recruirements.. Any trustee who fails to

                attend meetings of the trustees with some regularity may

                upon unrecorded voice vote  of the remainder of the Board of

                Trustees, be deleted from  the Board of Trustees, and as an

                officer, if applicable.

                                         ARTICLE III


                                          OFFICERS

                     3.1 Number. The officers of the Corporation shall be a

                President, a Secretary, a Treasurer, and, if desired, one or

                more Vice Presidents and such other officers as may be

                designated by the Board of Trustees.     One. person may hold

                two or more offices but no officer shall execute,

                acknowledge or verify any instruments in more than one

                capacity if such instrument is required by law or these By-

                laws to be executed, acknowledge or verified by two or more

                officers.

                    3.2 Election. Term gf of iice and Qualif ications.     The

                officers shall be chosen annually by the Board of Trustees

                immediately after the annual meeting of the members.      Each

                off icer shall hold of fice until his or her successor is

                chosen and shall have qualified, or until the officer        s

                death, resignation  or removal in the manner hereinafter

                provided.

                    3.3 Resignations.   Any off icer may resign at any' time

                by giving written notice to the Board of Trustees or to the

                President or to the Secretary.   Unless otherwise   specifiedl








                the acceptance of such resignation shall not be necessary to

                make it effective. The *resignation shall be effective upon

                receipt thereof by the Corporation or at such subsequent

                time as shall be specified in the notice of resignation.

                     3.4 Removal. Any officer chosen by         the Board of

                Trustees may be removed from such office,      either with or

                without cause, at any time, by the vote of two-thirds of the

                entire Board of Trustees (other than that officer).

                     3.5 Vacancies.    A vacancy in any office because of

                death, resignation, removal or any other cause shall be

                filled for the unexpired portion of the term in the manner

                prescribed in these By-laws for election to such office.

                     3.6 The President.    The President shall be the chief

                executive -'of f icer and . the Chairman of the Corporation and

                shall have general management and direction of the

                activities'and affairs of the Corporation, subject, however,

                to the control of the Board of Trustees.        The President

                shall, in general, perform all duties incident to the.office
                of President and such other duties as,,, from time to time may
                be assigned to the President by the Board of Trustees. The

                President shall, when present, preside at all meetings of

                the Board of Trustees, and shall act as chairman at and call

                to order all meetings of the members. At the annual meeting

                of members, the President shall submit a complete report of

                the operations and the activities of theCorporation for the

                previous fiscal year, together with a statement of the









                Corporation's affairs at the close of such year.          The

                President shall also report to the Board from time to time

                all significant 'matters coming to the President-*s notice

                relative to the interests of the Corporation.

                    3.7 The Vice Pregidents.       At the request of the

                President, or in case of the       President's absence or

                inability to act, a Vice President shall act in the

                President's place, and; in that capacity, the Vice President

                shall have and exercise all the powers and duties of the

                President. Vice Presidents shall have such other powers and

                perform such other duties as may, from-time to time, be

                assigned to then by the board of Trustees or by the

                President.

                    3. 8 The Secreta       The Secretary shall attend all

                meetings of the Board of Trustees and of the members and

                shall record all votes and the minutes of all proceedings in

                a book or books provided for that purpos a.   The Secretary

                shall see that all notices are duly given in accordance with
                the provisions of these By-laws and as required by law. The

                Secretary shall be custodian of the records and of.the seal

                of the Corporation and see that the seal is af f ixed to all

                documents, the execution of which on behalf of the

                Corporation, under its seal is duly authorized in accordance

                with the provisions of these By-laws; and, in general, shall

                perform all duties incident to the off ice of the Secretary

                and such other duties as may,.from time to time, be assigned




                                           _10-







               to the Secretary by the Board of Trustees or by the

               President.   The Secretary shall also make such reports to

               the Board of Trustees as may be requested and shall prepare

               and cause to be filed such reports and statements as may be

               required by the laws of the State of New Jersey.

                    3.9 The Treasure         The Treasurer shall be the

               financial officer of the Corporation; shall keep full and

               accurate accounts of receipts and disbursements in books

               belonging to the Corporation; shall have charge and custody

               of and be responsible for all funds of the Corporation and

               deposit all such funds in the name of the Corporation in

               such bankst trust companies or other depositories as shall

               be selected by the Board of Trustees, and shall give a full

               report of the financial condition of the Corporation at the

               annual meeting of the members, if     called upon to do so;

               shall receive and qive receipts for moneys due and payable

               to the Corporation from any source whatsoever; and, in

               general, shall perform all the duties incident to the office

               of Treasurer, and such other duties-as from time to time may

               be assigned to the Treasurer by the Board of Trustees or by

               the President. No bond need be given by the Treasurer.

                   3.10 The Assistant Officers. Assistant treasurers, if

               elected, shall have such duties and possess such authority

               as may be delegated to them by the treasurer.        Assistant

               secretaries, if elected, shall have such duties and possess

               such authority as may be delegated to-them by the secretary.









                     3.11 Compensation of officers.     The officers shall

                perform their respective. duties without compensation,

                however trustees may be reimbursed for reasonable expenses

                in connection with their activities on behalf and for the

                benefit of the Corporation upon submission of signed

                vouchers.

                    3.12 Absence of Officer. In case of the'absence of any

                officer of the Association or for any other reason which may

                seem sufficient to the Board, t  he Board of Trustees may

                delegate the powers and duties of any officer for the time

                being to any other officer or to any Trustee.

                                        ARTICLE IV


                                         MEETINGS

                    4.1 Annual Meetin     The annual meeting of the members

                of the Corporation shall be held on the third Thursday of

                April of each year at such hour and at such place as the

                Board of Trustees shall set and.declare, unless such date

                shall fall upon a legal holiday, in which case, the annual

                meeting shall be held on the next succeeding business day.

                    4.2 Notice.   All members shall be given at least 10

                days' notice in writing of the annual and any special.

                meeting of members of the Corporation.

                    4.3 ]21ace of Meeting.    All meetings of the members

                shall be held at the principal office of the Corporation or

                at such other places as may from time to time be designated






                                           -12-








               by the Board of Trustees and spec, f ied in the respective

               notices of the meeting or waivers of notice thereof.

                     4.4 Recrular Meetincts.  Regular meetings of the members

               shall be held at such places and at such times as the

               members shall from time to time determine.             Notice of

               regular meetings need not be given.

                     4.5 SRecial Meetings. Special meetings of the members

               of the Corporation may be called at any time by the Board of

               Trustees or by the President. Notice of each such meeting

               shall set forth the general purpose of said meeting.

                    4.6 Organization of Meetin        The President, or in the

               absence of the President, the Vice President or in the

               absence of the President and the Vice President, a chairman

               designated by the members, shall preside at every meeting of

               members.    The Secretary of the Corporation shall act as

               Secretary   of the meeting, or        in the absence of the

               Secretary,  the presiding officer    shall appoint a temporary

               secretary  of the meeting.      The  Secretary of the meeting

               shall keep  a faithful record of the proceedings thereat, and

               if not the Secretary of the Corporation, shall immediately

               turn over such record to the Secretary of the Corporation.

                    4.7 Voting.     At all meetings of the members, each

             .member entitled to vote thereat, and present at the meeting

               in person or by proxy, shall be entitled to one vote.' and

               the vote of a. majority of the members voting shall control

               on any question brought before such meeting, unless




                                             -13-









                otherwise provided by law, the certificate of Incorporation

                or by these By-laws.    At. each meeting of the members, a

                full, true and complete list, in alphabetical order, of all

                members entitled to vote at such meeting, certified by the

                Secretary or by the Treasurer, shall be furnished. Only the

                persons who are members, as evidenced by the list of the

                members so furnished, shall be entitled to vote in person or

                by proxy.

                     4.8 Order of Business. The order of activities at all

                meetings of the members, unless changed by a majority vote,

                shall be as follows:

                     1. Proof of notice of meeting or waiver of notice.
                     2. Reading of Minutes of preceding meeting.
                     3. Reports of officers.
                     4. Reports of committees, if any.
                     5. Selection of inspectors of election, if any.
                     6. Election of trustees, if any.
                     7. Unfinished business.
                     8. New business.
                     9. Adjournment.

                                         ARTICLE V

                                        MEMBERSHIP,

                     5.1 Membersh       Members of It
                                 iR                   he Association shall

               consist of persons   who subscribe to the purpose of the

               Association, as set forth in Article Second of            the

               Certificate of Incorporation, and Article First.ofthese   By-

               laws, who participate in any of the activities of         the

               Corporation and who pay the membership fee and annual dues.

                     5.2 ApRlication. Candidates for membership in the

               Association shall make application, subscribing to the



                                           -14-








               purposes of the corporation and requesting that his or her

               name be considered for membership.   Such application shall

               be subject to approval by the Board of -.Trustees. Upon
               payment of the annual dues* for the current calendar year,

               the applicant shall become a member in good standing of the

               Association.

                   5. 3 Vote.   All members shall be entitled to vote at

               the annual meeting of the Corporation and for the election

               of Trustees. Each member shall be entitled to one vote.

                   5.4 Removal. Any member of the Corportion may have his

               membership terminated or suspended, for conduct unbecoming a

               good citizen, or violating any of the By-laws of the

               Corporation, after hearing, by a majority vote of the

               members of the Board of Trustees. There must, however, be

               2/3rds of the members of the Board present and voting who

               vote for such termination of membership, or suspension.

                   5.5 Resicmation. Any member may resign at any time by

               notice to the Board of Trustees.


                                       ARTICLE VI

                             CONTRACTS, gHECKS, NOTES, ETC,

                   6.1 Execution of Contracts. Checks. Notes, Etc.      All

               contracts and all checks, drafts, notes, bonds, bills of

               exchange, order for the payment of money, and deeds, unless

               otherwise directed by the Board of Trustees, or unless

               otherwise required by law, shall be signed by the President

               or Treasurer. The Board of Trustees may designate officers









                 and employees of the Corporation other than those named

                 above, or combinations of officers and employees, who may,

                 in the name of the Corporation execute contracts, checks,

                 drafts and orders for the   payment of money in its behalf.

                                           ARTICLE VII


                                          MISCELLANEOUS

                      7.1    Seal.    The Board of Trustees shall provide a

                 corporate seal which shall be in - the form of a circle and

                 shall bear the name of the Corporation and words and figures

                 indicating the year and state in which the Corporation was

                 incorporated.

                      7.2 Eiscal Year.      The fiscal year of the Corporation

                 shall be as determined by the Board of Trustees from time to

                 time.

                      7.3     Amendments.     These by-laws may be amended,

                 altered, repealed or added to in any manner not inconsistent

                 with the laws of New Jersey, or the provisions of the

                 Certificate of Incorporation, by vote-of-two-thirds'(2/3) of

                 the trustees present at any annual or,pegular meeting of the

                 Board,, or at any special meeting; provided that in all

                 cases, a notice of such proposed amendment,, alteration,

                 repeal or addition shall have been clearly given in the

                 notice of such meeting or shall have been waived by all the

                 trustees in writing, or by the affirmative vote of the

                 members entitled to vote, at any regular or special meeting

                 of the members, provided notice of such proposed      amendment,




                                               -16-









                alteration, repeal or addition shall have been given in the

                notice of such meeting; provided, further, that by-laws made

                by the Board of Trustees shall be subject to amendment,

                alteration, repeal or addition by the members.




          SOURCE: Upper Raritan Watershed Association, Gladstone,'N.J.





































                                          -17-
























                                     APPENDIX 10


                     DESCRIPTION OF DELAWARE RIVER KEEPER PROGRAM







                                                                                Report Pollution and Other Threats
                                                                        If you see pollution, large       numbers of dead fish or birds, waters mud-
                                                                        died from run-off, If you smell chemicals or sewage, If you see
                                               suspicious wetland fills occuring, if you see dumping of waste
                                              
                                                                        materials into a stream or alongside a stream bank, report it
                                                                        immediately:
                                                                        1. Record time, date, precise location and details of the problem.
                                                                            Photos can be very helpful.
                                                                        2.  Call the pollution emergency hotline in your state:
                                                                                Delaware            800-662-8802 (out of state: 302-739-5072)
                                                                                New Jersey          609-292-7172
                                                                                Pennsylvania        800-541-2050 (out of states 717-787-5027)
                                                                        3.   Record the time of call and the name of the operator who took
                                                                             your call..
                                                                        4.  Call 1-800-8-DELAWARE. We will follow through.

                                                                                     Facts about the Delaware River
                                                                             
                                                                 Length: 330 miles from Hancock NY                  Marine turtles: Diamondback terrapin,
                                                                 to the mouth of Delaware Bay                        Ioggerhead, green turtle, leather head
                                                                                                             Bird Species About 350 watershed -
                                                                 Watershed Aim 12,765 square miles
                                                                 In four states: Delaware 8%: New,                       wide.  Delaware Bay is the largest spring
                                                                 Jersey: 23%; New York:19%; Pennsyl-                 staging site in eastern north American
                                                                  vania: 50%                                         for shorebirds. Bald eagles nest in the
                                                                 									 Upper Delaware and in the Bay.
                                                                 Major fish species: The Upper                    Up to 900 million gallons of water 
                                                                   Delaware provides some of the finest		per day are diverted to New York City
                                                                  trout fishing in the entire United States		and Northern New Jersey to meet one-
                            							Important estuary species include			half of the fresh water demands of 17
                                                                   weakfish,bluefish,flounder,American		million people in New York and 
                                                                   shad, Atlantic sturgeon, menhaden, and        Northern New Jersey.
                                                                  striped bass.                                    Industrial Uses:  The Delaware Estuary
                                                                 Major crustacea: Blue crab, horseshoe		has the largest concentration of
                                                                 crab,lobster,hermit crab                         chemical companies in the world, and
                                                                 Marine mammals.  Dolphin, habor                  the second largest concentration of
                                                                 seal,occassional whales                           petrochemical plants in the United
                                                                									States.



																																	Yes, I will help keep the Delaware safe
                                 JOIN THE DELAWARE RIVERKEEPER NETWORK																					from pollution and other threats,


              Add your watchful eyes and needed                                                                                         Delaware Riverkeeper Project					I am interested in :
            hands to the citizen team that regularly                            Report Spills and                                            The Delaware Riverkeepcr is a project				water chemistry testing
            patrols and nionqitors the Delaware River.                                                                                   of the American Littoral Society (AqLS), a				pollution survellance
                                                                                    Other Threats                                       national non-profit organization dedi-				documenting species habitat, storm
              Whether you're on foot, in your                                                                                           cated to the protection of the water					events and stream data
            canoe, boat or even in your plane, you                         1-800-8-DELAWARE                                            environment.
            can help protect the living waters of the
            Delaware. Be a Riverkeeper.                                    Delaware Riverkeeper Network                                     The Riverkeeper works out of the of-				boatwatch
                                                                                                                                        fice of AqLSs Delaware Valley affliate				other (specify)
            ... watch for signs of pollution                                                                                            the Watershed Association of the					Name
                                                                           The Delaware has a full-time                                 Delaware Rive; located at PO. Box 753,				Phone
            ... monitor algae and storm events                           Riverkeeper..                                                Lamberville,NJ 08530.								Address
            . record and report  sightings of wildlife                   ...who has been working In the river's                    Project staff									
               species
           ....perform water chemistry tests                 interest since 1988. Her job Is to help                      Cynthia Poten
		...call the Riverkeepter hotline when you         protect the river and its tributaries from                                                      
               see oil spills,fish or bird kills,              the headwaters in the Catskills to the                       Delaware Riverkeeper 609-397-3077							Please sign me up as a member of 
               ficating sewage, etc.                           mouth of Delaware Bay.  The River-                       Hank Snider											the American Littoral Society, sponsor
          ....Citizen monitoring helps agencies and		  keeper is a watchdog, writer, speaker,																of the Delaware Riverkeeper Project, I'll
              private citizens before environmental           advocate,litigator and negotiator for the                                volunteer coordinator 609-397-4410				receive ALS publications and all the
               laws.  It provides essential information        Delaware River and its habitat.																	Delaware River publications, Here's my
               for managing human impact on the                         									Law Clinic  Affliation								check for $25.
               Delaware River ecosystem, with the alm			Riverkeeper network volunteers
              of restoring depleted species and                report their findings to the Delaware                                    The Widener University Environmental				Enclosed is a tax-deductible contribu-
               damaged habitat.                                 Riverkeeper,who                                         Law Clinic in Willington, DE assists						tion of           in support
                                                         maintains an independent data base on                          the Delaware Riverkeeper and ALS in 						of the Delaware Riverkeeper Network.
                                                         water quality sampling done at network                         prosecuting Delaware River violations of 
                                                        monitoring sites								the Clean Water Act.									Makes checks payable to
                           					publicized findings to decision makers                                                Funding								American Littoral Society
                                                      and citizens group              						The Delaware Riverkeeper Networks is
                                                        provides violations data to public                   	funded by ALS and initial grants from
                                                       agencies                                                   the William Penn Foundation and the
                                                                                                                  drading R Dodge Foundation 
                       
                                                                                      .,zqo. who'                                                     8qWater-AcL,q!.:-._,
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 






















                                     APPENDIX 11


                           ENVIRONMENTAL COMMISSION GRANT










                        NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ENERGY
                                         OFFICE OF ENVIRONMENTAL SERVICES
                                                        CN 402
                                             TRENTON, NEW JERSEY 08625
                                                    (609) 984-0828




                                    MATCHING GRANTS PROGRAM


                                          PROCEDURAL GUIDE












                                                    OBJECTIVE

                     The objective of the Office of Environmental Services Matching Grants
               Program is to assist local environmental agencies in obtaining the financial
               resources necessary to inventory and document environmental resources; to prepare
               policy recommendations to protect those resources; and to prepare and disseminate
               information to the public concerning the ways in which the public can participate
               in protecting the environment.



                                                ADKMSTRATION

                 The Commissioner of the Department of Environmental Protection and Energy
             (DEPE) is responsible for the administration of this program. The Office of
             Environmental Services (OZS) has been designated to assist the Commissioner
             in administering the program.         Applications for financial assistance and
             requests for information should be directed to the address listed above.




                     This 1991/92 PROCEDURAL GUIDE contains detailed information about program
               requirements and application procedures. It has been prepared based upon rules
               published in the New Jersey Administrative Code (N.J.A.C.). For the official version of
               the rules consult N.J.A.C. 7:5-1.1 et. seq. or contact the OES.


               1991/92 version










            1. What types of agencies are eligible to apply for funding?

                -,-.-.Local environmental agencies are eligible to submit applications for OES
                  Matching Grants. "Local environmental agency" means either a municipal
                  environmental commission, joint environmental commission established by
                  two or more municipalities, county environmental commission or soil
                  conservation  district.

                  Note:     For   a   municipal    or   joint   municipal     environmental
                            commission to be eligible to apply for funding, it must be
                            an official envirormental commission, established by one
                            or more municipal ordinances prepared in accordance with
                            the state law governing the formation of municipal
                            environmental commissions..,(N.J.S.A. 40:56A-1 St seg.).


            2. What types of projects are eligible for funding?

                  Any of the following:

                  a. Natural and environmental resources inventories or portions thereof
                     including, but not limited to, identification of stream corridors, wetlands,
                     floodplains. forestry resources, steep slopes, important open spaces, scenic
                     areas, wildlife habitat,'cultural features and potential public recreation and
                     conservation lands;

                  b. New and updated planning studies and reports describing strategies to
                     protect natural and environmental resources including. but not limited to*
                     plans for the creation, protection or preservation of greenways; open
                     spaces: stream corridors; forestry or scenic resources; urban, suburban and
                     rural trails or bikewayg;

                  c. Preparation of draft ordinances or master plan amendments to protect
                     natural. and environmental resources. for referral to a municipal or county
                     governing body; and
                  d. Projects designed to disseminate information 4! the public concerning
                     environmental resources including. but not limited to, actions that
                     individuals, public institutions and business entities can take to protect the
                     environment.

           3. What    types of items are eligible for funding?

                  a. The following items are eligible for funding by the Program, when
                     incurred implementing qualifying projects listed in #2 above:

                     (1) Costs of materials, supplies and reproduction for reports, policy
                         recommendations, draft ordinances, publications, maps, diagrams and
                         other similar documents:

                     (2) Fees and direct expenses for consultants. including but not. limited to
                         those for architects, attorneys, cartographers, computer data base
                         managers, engineers, environmental resource consultants. historic
                         preservationists. landscape architects and planners; and










                         (3) Up to $500.00 total for the purchase of capital-type goods, such
                             as furniture, equipment or machinery which is determined by OES to
                             be required for the execution of a project that is approved by OES.

                    b. The   following list includes examples of items and costs that are not eligible
                         for funding by the Program, nor will they be considered matching funding
                        on   the part of a local environmental agency:

                             (1) Charges for time spent by volunteers or paid municipal employees;

                             (2) Any sums spent in excess of a total of $500 for the purchase of
                                capital-type goods;

                             (3) Costs of acquisition of real property, although costs for planning
                                studies on which eventual land acquisition may be based are
                                eligible for funding;

                             (4) Real estate appraisals:

                             (5) Metes and bounds property surveys;

                             (6) Construction. or real estate improvement activities of any kind;

                             (7) Costs of services, materials or equipment obtained under any other
                                State program;

                             (8) Costs of fund raising; or

                             (9) Costs of lobbying;

            4. How much         funding is available?

                    The exact   amount of funding available is not known at this time, but it is
                    estimated at between $100,000 and $200.000 total. Available funds will be
                    allocated to the following categories:

                             a. Ninety percent to the Municipal category      This category includes
                              municipal and joint municipal environmental commissions.

                             b. Ten percent to the Non-Municipal Category - This category includes
                              county environmental commissions and soil conservation districts.

                    This formula is based upon the fact that there are over ten times as many
                    municipal level agencies as there are county level agencies. If them are not
                    sufficient qualifying applications within one category to make use of
                    available funding, the amount of unutilized funds will be transfeffed for
                    award to eligible applicants within the other category.










             S.  How will grant applications be evaluated?

                   Within each funding category described in #4 above, all applications for OES
                   Matching Grants shall, for the purpose of determining priority for funding,
                   be ranked on the basis of the degree to which the proposed project:

                            a. Pubfic su22=

                            Has the broad  support of other local or county agencies, civic groups,
                            etc. (Letters of endorsement may be submitted to OES as evidence of
                            such support);

                            b. Availability of Matching Funds

                            Has the demonstrated support of the local governing body in in
                            charge, of allocating matching funding (Resolutions or letters of
                            intent to provide matching funding shall be considered as evidence
                            of such support.);

                            c. Regional Needs

                            Is responsive to regional as well as local needs (Projects undertaken
                            jointly by adjacent local environmental agencies are encouraged.);

                            d. Urban Needs

                            Will address urban environmental needs (e.g. - planning which
                            integrates such things as open space and recreation with historic
                            resources protection and urban forest management);

                            e. Definitive Resource Protection StrateiX

                            Is designed to produce a definitive strategy to protect a', resource area.
                            particularly projects which integrate regulation of environmentally
                            sensitive areas with local, regional and s,t tewide open space and
                            recreation planning;

                            LRelationship to Stair. Development and Redevelopment Plan

                            Will document and protect environmental resources that are of
                            particular importance in implementing the State Development and
                            Redevelopment Plan;

                            g. Relationship to DEPE Responsibolities

                            Helps to incorporate planning and regulatory responsibilities of the
                            DEPE into the local and regional planning processes:











                         h Public Awareness


                           Will raise awareness of the public's responsibility to actively
                           participate in protecting the environment; and

                         L Tangible Results

                           Demonstrates a strong likelihood of tafigible results.

            6. What is the amount of each grant?

                   A local environmental agency may apply for a grant ranging in any amount
                   from a minimum of $1.000 to a maximum of $2.500, except that in the case of a
                   joint environmental    commission   the   maximum     shall  be  S2,500    per
                   participating municipality. The local environmental agency must agree to
                   match the amount of its grant request with an equal amount or more of
                   funding dedicated to the project from other sources. The contribution by the
                   Department shall not exceed 50 percent of the cost of the project which
                   qualifies for a grant.

            7. How will the grants be paid?

                   The entire grant amount will be paid to each grant recipient in one sum, upon
                   receipt and acceptance by the OES of all work products described in the grant
                   agreement between the grant recipient and the DEPE.

           8. When should applications be submitted?

                   In fiscal year 1992 (July 91 - June 92) one round of grant applications will be
                   considered. The deadline for filing applications is December 1, 1991.

           9. What is the application process?

                   a. Complete the Application Form and required attachments.

                   b. Additional information, including previous work products of       the local
                     environmental    agency,   newspaper    accounis   and   other    background
                     materials are welcome, but not required.

                   c. Prepare and submit to the OES the original, plus 2ne F
                                                                           M of the application
                     and the supporting documentation. All submissions become the property of
                     DEP and can not be returned.


                   d. All items in the application must be completed and delivered to
                      the OES or postmarked by the December 1, 1991 deadline.
                      Incompiete applications or those received after the deadline
                      will not be considered for funding.

                   e. A notice of receipt of the application will be sent by the OES to each
                     applicant.


                                          (continued on the reverse side)



                                                     5








                    L  On or about March 1, 1992 the OES will notify each applicant of its
                       determination to approve, conditionally approve or deny the application.

                    g. OES will then prepare draft grant agreements (contracts) for approval by
                       grant recipients and the DEPE

                    h .Final grant agreements will be fully approved by grant recipients and the
                       DEPE on or about May 31, 1992, at which time projects can begin.


























   t






                                        APPENDIX 12


                       LANDSCAPING LIST OF NATIVE NEW JERSEY PLANTS


                                                                                       I































                                                       :! I









                 PARTIAL LIST OF NATIVE VEGETATION FOR LANDSCAPING



              1.    Pitch pine
              2.    Short-leaf pine
              3.    Black oak
              4.    Southern red oak
              5.    White oak
              6.    Blackjack oak
              7.    Scrub oak
              8.    Post oak
              9.    Chestnut oak
              10.   Scarlet oak
              11.   Black huckleberry
              12.   Dangleberry
              13.   Sheep laurel
              14.   American holly
              15.   Low bush blueberry
              16.   Mountain laurel
              17.   Grasses, such as the little bluestem, deertongue, redtoo, and
                    switchgrass


              SOURCE: Comprehensive Management Plan for the Ponelands National
              Reserve. New Jersey Pinelands Commission, 1980.




















   Z.         .I












                                        APPENDIX 13


                         EXAMPLES OF COUNTY OPEN SPACE REFERENDA




















                                                      s
                                                      .! i



























   z






                                      ATLANTIC COUNTY ORDINANCE NO.14,1990



                              ORDINANCE REQUESTING THE PLACEMENT OF A REFERENDUM
                                ON THE OFFICIAL BALLOT FOR THE CENERAL ELECTION
                                              ON NOVEMBER G, 1990.



                           WHEREAS, P.L. 1989 Chapter 30 was enacted on February 17,
                      1989, and
                           WHEREAS, P.L. 1989 Chapter-30 provides for the establishment
                      of an Open-Space Preservation Trust Fund in Counties whose voters
                      approve a proposition authorizing the acquisition of lands for
                      conservation as open-space in a sum not to exceed the amount
                      or rate set forth in the proposition.approved by the voters,
                      and

                           WHEREAS, the County of Atlantic desires to put such a question
                      before the voters pursuant to N.J.S.A. 19:37-1 in order to ascertain
                      the sentiment of the legal voters of Atlantic County upon this
                      question.
                           NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen Freeholders
                      of the County of Atlantic that:
                           1. The County hereby requests the Clerk of Atlantic County
                      to-print on the official ballot to be used in the November 6,
                      1990 General election the following public question:

                                  Should the County of Atlantic prepare and implement
                                  a park, recreational and open-space acquisition plan
                                  for the purpose of acquiring lands for conservation
                                  as open-space and annually fund such acquisitions
                                  pursuant to a "County Open-Space Preservation Trust
                                  Fund Tax" as permitted under P.L. 1989 Chapter 30
                                  at a rate not to exceed 2 cents per $100 of assessed
                                  valuation, said trust fund to be exclusively used
                                  for open-space preservation as identified in the proposed
                                  plan?

                           2. A  certified copy of this ordinance shall be sent to
                      the*Clerk of Atlantic County.



                      ATTEST:                              COUNTY OF ATLANTI




                      TRomaA R. Some                       Richard E. Squi a
                      Board of Chosen Freeholders          County of Atlanvic
                                                           Dated:--.5'-

                                                           APPROVED AS TO F



                      0 n F. Gaffney@/Chai@m n             Ter
                                             a
                                                           C_
                      a ard of Chosen Freeholders.         oun A@yo
                             6_114-
                                         Lx@

                                                               @VE; TO   @FO"_
                       a I
                      0
                       1






               BOARD OF CHOSEN FREEHOLDERS
                       CAPE MAY COUNTY, NEW JERSEY

                                   RESOLUTION




               RESOLUTION REQUESTING THE PLACEMENT OFAREFERENDUM ON THE
             OFFICIAL BALLOT FOR THE GENERAL ELECTION ON NOVEMBER 9, 1989.

               WHEREAS, Legislation has been enacted allowing counti.es to
           establish an open space fund, and

               WHEREAS,  a prerequisite for establishing such a fund
           requires that the rate of funding which is to be apportioned to
           municipalities similar to the County Library tax, and the
           opinion of the voters @in @esponse to a ballot proposition be
           obtained prior to establishydent of any such fund; and

               WHEREAS, such a ballot question is not mandatory and the
           establishment of any such trust fund would be subject to
           Freeholder approval subsequent to any such ballot question.

               WHEREAS, N.J.S.A. 19:37-1 provides a procedure whereby the
           governing body of any county may ascertain the sentiment of the
           voters on any question pertaining to the government thereof
           pursuant -to a referendum question.

               NOW, THEREFORE, BE IT RESOLVED by the Board of Chosen
           Freeholders of the County of Cape May that the County hereby
           requests the Clerk of Cape May County to print on the official
           ballot to be used in the General Election to be held on November
           9, 1989 the following public question:

                               County Ouestion.#2

               Shuuld the County of Cape May consider establishment of
               an open space trust fund to preserve open space and
               agricultural lands. such trust fund to be set at a rate
               of .0 1 cents per $100 of assessed valuation, which
               would generate approximately $1,000,000 per year for
               such a fund for open space and farmland preservation.-
               Said trust fund to be exclusively used for open space
               and farmland preservation as identified in accordance
               with a park, recreatimal, open space, and farmland
               preservation plan to Oe prepared and adopted by the
               County.
               BE IT  FURTHER RESOLVE6, that a certified copy, of      this
           Resolution be sent to the Clerk of Cape May County imthediately
           upon passage.

           cc: County Clerk
                County Counsel
                   e:  County Clerk
                        (4w@'."z           "'.d by
      STATE AIT NEVY JERSEY
      COUNTY OF CAPE MAY

        i, Mwx- E. R.dolph. Clark of the Board of Chown Freeholdeis of the County of Can May. State of Now Jarwy. do hereby certIly that the foregoing is a
      Lurect and true copy of a resolutio)n adopted by the Board at a (neeling duly hold on the 22nd
      day of    Auou t             lu 89


                                           Signed.
                                                                      Clerk of the board.
       Rail CallA     Nayes Abstain Absent
          by
















      Mr. Kilpatrick


      Mr. Frodufick
      Mr. Slurm
      Mr. Evans


                                                                            Ck. P,.! S.,











                          RESOLUTION AUTHORIZING NON BINDING VOTER REFERENDUM
                          TO RAISE $4,000,000 ANNUALLY TO ACQUIRE LANDS.



                                Freeholder POWERS offers the following Resolution and moves its
               adoption:
                                WHEREAS, the County of Monmouth, through development, is fast
               losing its heritage  of open space, which loss may impair the quality of life as

               enjoye
                     d over the years in  Monmouth County;

                                WHEREAS, the Board of Chosen Freeholders is considering a policy;
               for validating   an additional $4,000,000 each year, in order to acquire lands for
              permanent dedication as parks and recreation areas for future generations of
             Monmouth County, and
                                WHEREAS, the Board desires to ascertain the sentiment of the
              residents of Monmouth County concerning the wisdom and appropriateness of this
              proposed expenditure.
                                NOW, THEREF0RE,  BE IT RESOLVED by the Board of Chosen Freeholders
            that it hereby requests that the County Clerk print upon the official ballot, off,
            the next general selection to be   held on NOvember 3, 1987, the following question:
              
                                "Should the County of Monmouth go forward with a
                                policy to preserve open space by allocating
                                $4,000,000 each year for the purchase of park
                                and recreation lands?"

              The Clerk is further requested to print, on said    ballot, the following   explana-
              latory statement of the question presented. The statement is:
                                "This non binding referendum will give the elected
                                County officials the sentiment of the voters con-
                                cerning a proposed policy  commitment of the County
                                to undertake a program of  annual funding to acquire
                                open space for park and recreation areas, thereby
                                permanently preserving these areas for future gen-
                                erations of Monmouth County residents."

                                BE IT FURTHER RESOLVED that the Clerk forward a certified true
              :copy of this Resolution to,Jane Clayton, Clerk of Monmouth County, and to   the
            Board of. Recreation Commissioners.
                                Seconded by Freeholder DAMIC0O and adopted on  the following roll

              call:
                                In the Affirmative: Messrs. D'Amico, Narozanick, Powers,
                                                    Villapiano and Director Lar
                                                                                 ison.
                                                                   













                                                     RESOLUTION NO. 87-124
                                                         AGENDA NO.



                     RESOLUTION AUTHORIZING NONBINDING VOTER REFERENDUM
                       TO RAISE $4 MILLION ANNUALLY TO ACQUIRE LANDS


                       Freeholder   POWERS          offered the following

            resolution and moved it adoption:

                      WHEREAS, Monmouth County is fast"losing its heritage of

            .open space, forests, and fields; and

                      WHEREAS, suburban sprawl has been bringing major

            problems to Monmouth County, including traffic  congestion, and

            substantially increased demands on school systems, police.

            service-, sewer systems, and related costs; and

                      WHEREAS, the Board of Chosen Freeholders for the County

            of Monmouth deems it to be in the best interests of the,County to

            raise an additional $4 million annually..,,to acquire lands for

            permanent dedication as parks and recreation for future

            generations of Monmouth County residents; and

                      WHEREAS, the Board of Freeholders feels that a

            nonbinding voter referendum concerning this expenditure is

            appropriate;

                      NOW, THERFORE, BE IT RESOLVED by the Board of Chosen

            Freeholders of the County of Monmouth that a nonbinding voter

            referendum be placed on the November,.1987 ballot as'to whether











              County officials shold raise an additional $4 million annually
              to acquire lands for permanent dedication as parks and recreation
              for future generations.
                        BE IT FURTHER RESOLVED that the Clerk forward certified
              true copies of this resolution to the Board of Recreation
              Commissioners, and to County Clerk Jane Clayton.
                        Seconded by Freeholder D'AMICO              and adopted on

              roll call by the following vote:


                                    YES         NO      ABSTAIN       ABSENT

              MR. VILLAPIANO        x
              MR. D'AMICO           x
              MR. NAROZANICK        x
              Mi. POWERS            x
              MR. LARRISON          x


































                                             I HEREBY CERITIF 
							   OF A RESOULTION ADOPTED 
							   FREEHOLDERS              AT A
							   MEETING    February 15, 1987
 





                                                                           Resolution Eo. 89-199



                                                 R E S 0 L U T 1 0 N






                             Freeholder    NAROZANICK        offered   the   following Resolution

                   and moved its adoption:


                             WHEREAS, the Board of Chosen Freeholders of the County of Monmouth
                   adopted a resolution on February 10, 1987, authorizing a non-binding
                   referendum to raise $4 million annually to acquire lands for permanent
                   dedication as parks and recreation for future generations, and


                             WHERVA , the General Election Ballot in November       1987 contained

                   the question


                             "Should the County of Monmouth go forward with a policy
                             to preserve open space by allocating $4,000,000.        each
                             year for the purchase of park and recreation lands?"

                   with an Explanatory Statement

                             "This non-binding referendum will give the elected
                             county officials the sentiment of the voters concerning
                             ï¿½ proposed policy committment of the County to undertake
                             ï¿½ program of annual funding to acquire open space for
                             park and recreation areas, thereby permanently preserving
                             these areas for future generations of Monmouth County
                             residents." and

                             WHEREAS, the voters of the County of Monmouth approved the
                   non-binding referendum by the vote of YES 75,259 and NO 30,155, and


                             WHEREAS, at the request of the Board of Chosen Freeholders of
                   the County of Monmouth, in order to implement the program for said land
                   acquisition for park and recreation areas, the Board of Chosen Freeholders
                   enlisted the aid of the New Jersey Legislative representatives of the 12th
                   Legislative District. for the preparation of appropriate legislation in
                   order to implement the program and,


                             WHEREAS, Assembly   Bill 2297 was introduced by Assemblyman John
                   0. Bennett and approved by the appropriate legislative committees and,









                              WHEREAS, on February 17, 1989 said legislation being Assembiy
                    Bill 2297 "An Act Concerning Open Space Preservation By Certain Counties
                    and Supplementing Title 40 of. the Revised Statutes" was signed by the
                    Governor, Thomas H. Kean, and


                             WHEREAS, said legislation provides that amounts raised by taxation
                    for the acquisition of open space shall be apportioned by the County Board
                    of Taxation among the municipalities within the Counties in accordance
                    with R.S.  54:4-49. The amounts so apportioned shall be assessed, levied
                    and collected in the same manner and at the same time as other County taxes.
                    The tax collection hereunder shall be referred to as the "County Open Space
                    Preservation Trust Fund Tax", and


                             WHEREAS, the Board of Chosen Freeholders of the County of Monmouth
                    desires to implement this program of annually appropriating funds to be
                    raised by taxation for the purpose set forth in the above mentioned
                    legislation and,


                             WHEREAS, the Board of Chosen Freeholders recognizing that the
                    question contained on the ballot was a non-binding referendum, and


                             WHEREAS, the Board of Chosen Freeholders believes and    is of the
                    judgement that prior to the implementation of this program for the
                    establishment of the County Open Space Preservation Trust Fund Tax that
                    the residents of the County of Monmouth have an opportunity to express
                    their opinion and comments.


                            NOW. 7HEREFORE, BE IT RESOLVED, by the Board of Chosen Freeholders
                    that a Public Hearing be held at which time interested citizens could appear
                    and voice their comments with respect to the implementation of the program.


                            NE IT FURTHER RESOLVED that an appropriate notice of the Public
                    Hearing be given and that said Public Hearing be held    on March 27, 1989





                                                       -2-











                   at the hour of 8:00 p.m. in the Grand Jury Assembly Room, Monmouth County
                   Court House, Court Street, Freehold, N.J.


                             Seconded by Freeholder        POWERS         and adopted upon the
                   following vote:



                                                YES    NO     ABSTAIN   ABSENT


                   Mr. Fallon                    x
                   Mr. Bedell                    x
                   Mr. Narozanick                x
                   Mr. Powers                    x
                   Mr. Larrison                  x











































                                                            CERTIFICATION
								I HEREBY CERTIFY THE ABOVE TO BE A TRUE COPY
								OF A RESOLUTION ADOPTED BY THE BOARD OF CHOSEN
								FREEHOLDERS OF THE COUNTY OF MONMOUTH AT A
								MEETING HELD    MARCH 9    1989
			
														CLERK
 




                    RECEIVED BY 'iREEHOLDER
                    THEODORE J. NAROZANICK
                                                             Resolution No. 89-2180
                         APR 19 1989

                                      AM
                    A.M.-

                               RESOLUTION AUTHORIZING MONMOUTH COUNTY OPEN SPACE
                                          PRESERVATION TRUST FUND TAX




                            Freeholder NAROZANI CK      offered the following resolution

                  and moved its adoption:

                            WHEREAS, a referendum was overwhelmingly approved by the

                  voters in November of 1987 whereby the Board of Freeholders would appropriate

                  annually the sum of $4,000,000.00 for the'acquisition of open spaces

                  and establishment of a Land Trust Fund; and

                            WHEREAS, Governor Thomas Kean signed into law Assembly Bill

                  2297 on February 17, 1989,, pursusant to the above referendum providing

                 that amounts raised by taxation for the acquisition for open space

                 pursuant to the act shall be apportioned by the County Board of Taxation

                 among the municipalities within the County in accordance with R.S.54:4-49;



                           WHEREAS, the amount so apportioned shall be assessed, levied

                 and collected as in the same manner and at the same time as the County

                 taxes; and

                           WHEREAS, a Public Hearing was conducted by the Board of Chosen

                 Freeholders on March 27# 1989 at which numerous parties testified,

                all of them in favor of the Opeq Space Preservation Trust Fund Tax.

                          NOW, THEREFCRE, BE IT RESOLVED by the Board of Chosen Freeholders
                of the County of Monmouth that the sum of $4#000,000.00 in tax revenues,

                pursuant.to, the above referenced referendum and legislation, be collected













                      annually and referred to as the     "County Open Space Preservation Trust

                      Fund Tax"


                                 BE IT FURTHER RESOLVED that the Clerk forward a certified

                      true copy of this resolution to the Monmouth County Tax Board, the

                      Board of Recreation Commissioners and the Mayors and Governing Bodies

                      of each municipality in Monmouth County.

                                 Seconded by Freeholder       POWERS         and adopted on roll

                      call by the following vote:

                                                 YES           NO        ABSTAIN     ABSENT

                      Mr. Fallon                  (X)
                      Mr. Bedell                  (X)
                      Mr. Narozanick              (X)
                      Mr. Powers                  (X)
                      Mr. Larrison			  (X)






















									CERTIFICATION
						I HEREBY CERTIFY THE ABOVE TO BE A TRUE COPY
						OF A RESOLUTION ADOPTED BY THE BOARD OF CHOSEN
						FREEHOLDERS OF THE COUNTY OF MONMOUTH AT A
						MEETING HELD    APRIL 13    1989

												CLERK







                                                                             
 























                                      APPENDIX 14


                          MODEL ORDINANCE FOR TREE PROTECTION










                                                   NEW JERSEY FORESTRY SERVICES


                                                  A Model Ordinance For Municipalities

            Concerning the Removal, Protection, and Planting of Trees During and After Construction


        SECTION 1. Pur                                                           A. When app'ication for approval of a subdivision, re- sub-
                          pose                                                                  I
        The                                                                      divisica, site plan, planned development, conditional use or
        governing body does herein find trees to be an Important                 zoning variance is sought
        cultural, ecological, scenic, and economic resource which
        add Immeasurably to the residents quality of life and well-              B. Where preliminary approval of a subdivision, re- subdi-
        being. The purpose of this ordinance isto protect trees from             vision, site plan or planned development has been granted.
        excessive removal, cutting, damage, destruction, and/or
        mortality during and after construction.                                 C. Where final approval of a subdivision, re-subdivision, or
                                                                                 planned development has been granted, but where work
        SECTION 2. Definitions.                                                  has not commenced the plan shall be filed within 60 days of
                                                                                 the passage of this ordinance.
        SECTION 3. Exceptions
        Under this section, the following trees may be removed                   SECTION 6. Data Reauired For Tree Removal, Protection.
        without filing a plan:                                                   and Plantina Plans
                                                                                 Plans submitted for approval shall consist of text and maps
        A. Any tree located on a parcel of land one acre In size on              with the following Information:
        which a residence has been constructed.
                                                                                 A. Owner's name and address.
        B.. Any tree removed In cc.-npliance with the Farmland
        Assessment Law.                                                          B. Tax Map, lot and block number.

        Q Trees directed to be removed by municipal, county or                   C. Area of tract.
        state audxxfty pursuant to law.
                                                                                 0. Location of trees or wooded area.
        D. Ar*dead ordbeased tree oranytree#W endangers Iffe
        or property, as determined by the enforcing officer.                     E Species Involved.

        E Any tree which Is part of a nursery, garden center,                    F. General slope ind topogra   phy, taken from a recogntzed'
        Chrlstrnas tree plantation, orchard, or cemetery.                        map of such fekt.ures.

        F. Any tree to be cut for personal use by the owner.                     G. Location of streams and wetlands.

        SECTION 4. Comgdla=                                                      H. Map with a scale no larger than one Inch equaling
        No.person sW cut, remove, damage or plant any tree                                          feeL
        during construction on land one acre or more In size where
        the Standard Building Code of the     'State of New Jersey               1. Location of Individual trees, groups of trees, woodland or
        requires a building perrnft wfthoLd first obtaining approval of          other vegetatim to be protected; keyed to text stating what
        a Tree Protection and Planting Plan from                                 measures will be taken and/or methods employed for
                                            according to the provl-              protection and
        slons of this ordinance.
                                                                                 J. A list of trees to be planted, selected from the preferred
        SECTION 5. Situations       Reguiring Tree Removal and                   species list and/or rationale for substituted species.
        Plantina Plans
        Tree removal and planting plans are required as stated In                K Tree re=4 and planting plan          'in relation to principal
        Section 4 above and In the following situations:                         and accessory buildings and septic systems, roads and









          drWways, parking !ots, garden areas and other develcp-                    equal to or grealer than the dirip line of the it ee. Any tree
          ment features.                                                            damaged must he replaced.

          L Location of buildings, roads, driveways, parking lots,                  G. Any tree used in a required planting must be at least two
          staging areas, recreation areas and garden areas.                         and one-half (2 1/2) inches in diameter and guaranteed for
                                                                                    one year.
          M. Grading plan keyed to a discussion on the effects.
                                                                                    H. A buffer zpne of trees and shrubs shall be established on
          N. Maps, as applicable, showing location of trees and/or                  the perimeter of the proposed tuilding site.
          wooded areas to be removed, location of proposed loading
          deck, area to be cut and stream crossings and/or location,                1. Ouster development, commercial development, and
          species and size of irees that will be planted after construc-            industrial development shall consider the use of treeless
          tion is completed.                                                        areas, If possible, for building sites. If it is necessary to
                                                                                    develop wooded areas or remove trees for proposed build-
          SECTION 7. Criteria for Plan Api2roval and Comr)liance                    Ing sites in the case of such developments, the Municipality
          A Trees on a proposed building site may be removed from                   Of                                     -    may require tree
          around a building foundation a reasonable and safe dis-                   planting in treeless areas, if feasible.
          tance. (Safe distance equal to heights of perimeter trees)
                                                                                    J. Trees in the area between the street line and the setback
          B. Trees may be removed where the proposed paved                          line of the buildings shall be preserved to the greatest extent
          portion of a paddng area Is planned. In off-street parking                possible.
          areas, other than for a single residential dwelling, Islands of
          trees must be left. Paving of any Impervious nature shall be              K Tree removal from anyslope or environmentally sensitive
          avoided within the drip line of the tree and the grade shall be           area Is prohibited If It will contribute. In the opinion of the
          such that drainage of rainwater will keep the root area                   enforcing officerto extra runoff of surfacewaterontoadjoin-
          watered without pooling or exceeding the requirements of                  Ing property and erosion and sitting, unless other means
          the species. FExcess water shall be admitted to dry wells or              approved by the                                        County
          storm sewers on the parking lot or drained by acceptable                  Sol Conservation District are provided to prevent runoff
          means.                                                                    and erosiorL

          C. Trees may be removed In prime rights-d-          ways and              L Notree removal Is permitted that will exposevacant land.
          driveways within a reasonable and safe distance, mach side                back of existing billboards. transmission tomrs, ware-
          of the planned paved area. Alignment of the driveways                     houses, junkyards, landfill operations and other similar
          should be planned to save as many trees as possible.                      structures or 'operations except where trees are dead or
                                                                                    diseased and/or endanger file or property. However, land
          D. K noarea otherthana wooded area orarea withtrees can                   may be exposed I it Is necessary to remove trew for
          be foundto acoonimodatethe building founclat1cm, sewer-                   building sites or sewerage skes and more aestlietIc values
          age system. disposal fWd or well. meeting the approval of                 are established or If a morv suitable buffer Is planted or
          the appropriate Impactor. rooessary tree removal shall.be                 established.
          permitted.
                                                                                    M. No healthy tree that Is special by virtue of history,
          E Whom morethanthree (3) kx*ws offill Is required around                  unusual size or age or of a rare species shall be removed
          trees, the trees must be protected by an air well as needed               except as may be required for the protection of health,
          around the trunk to prevent the Intrusion of sol. The air well            safety. or public welfare.
          shall be constructed according to the latest technical ftft-
          mation avabble. ff the tree Is a species that will eventually             N. Trees and stumps may be removed to dear for soll
          die due to root disturbance or change In drainage or the                  removal or backfill, provided that the same amount of
          owner prefers to remove the tree, it may be removed and                   wooded area or the same number of Voss are replaced
          replaced with another trw from the preferred trees In an-                 according to an Approved Plan. ff the finished operation Is
          other of the sarne area after the ffil has stabilized.                    planned to be used for otherdevelopment, the replacement
                                                                                    of trees shall be a part of the subdivision plan or a site plan
          F. Any activities, Inducting clearing, construction, and                  submitted for approval by the Pkming Board.
          grading must protect Uves. to be saved from machine
          operation, soll storage or material storage by a distance                 0. Unless proven necessary, staging areas shall not be








        closer thar. one hundred fifty (150) feet to any public road                   be planted have beer, planted in accordance with the Ap-
        center. "Necessary" means that no other area is available                      proved Plan or a bond guaranteeing planting has been
        due to topography, soil conditions or having unfavorable                       posted.
        effects on the woodlot. Loading of trucks is permitted at the
                                                                                       SECTION 2. DEFINITIONS
        roadside and a loading area must be constructed off the
        roadway where, possible. Roads must be protected from                          As used in this chapter, the
        soil tracking. After the cutting operation is complete, any                    following terms shall have the
        road modifications and changes in the right-of-way may be                      meanings indicated-.
        restored.
                                                                                       AGRICULTURAL USE - Land which is
        Section 8. Enforcement                                                         devoted to the production for sale
        The                                             official shall be              of plants and animals, or when
        the enforcing officer for all Approved Plans and shall:                        devoted to a soil conservation
                                                                                       program under an agreement with an
                                                                                       agency of the federal or state
        A. On his own Initiative or on complaint of any individual                     government.
        take action to assure com@lance with this ordinance.
                                                                                       APPROVED *PLAN - A tree removal and
        8. Have the authority to provide or request expert advice or                   planting plan which has been
        assistance.                                                  I                 approved by the Town of
        C. Issue a  .stop work order if noncompliance with the                         COMMUNITY BUILDINGS - Schools,
        approved tree protection and planting plan Is evident or                       churches, clubs, lodges or any such
        there Is nonadherence to the requirements in Section S. The                    building used by any organized                           group
        stop work order wOl remain In effect until the, municipality                   or by the,public generally.
        has determined 1hat resuming work will not %4olate the                         DRIP LINE - An imaginary line                           from -
        conditions of the approved tree protection and planting                        the tips of the outermost branches
        plan.                                                                          of a tree projected vertically to
                                                                                       the ground.
        Section 9. Permits and Fees
        A. A fee schedule will be determined to adequately cover                       FOREST MANAGEMENT PLAN                    -  A plan of
        ft adminisbative costs of this ordinance. The fee shall be                     tree removal and/or planting
        Included with the permit application.                                          prepared by the NJ Bureau of Forest
                                                                                       Management, an Approved Forester by
        B. The'ownerorapplicantshallireirnburseft Township for                         the NJ Bureau of, Forest Management,
        all cost of expert advice and technical assistance obtained                    a landscape architect or a Certified
        In connection with this application for an Approved Plan                       Tree Expert.
        which rray exceed the fee schedule.                                            PREFERRED TREES                Trees preferred
                                                                                       by the NJ Bureau of Forest
        Section 10, &=Is                                                               Manaqement as best adapted to the
        Any person aggrieved byft decision of any officer, board                       climate, soil and topography of the
        or body may. pursuant to the provisions d this ordinance,                      Township of
        appeal the decision within ton (10) days to the Municipality                   A list of such trees shall be-R-ep-E
        Of                                                                             on f ile for the use and guidance of
                                                                                       persons presencing plans for tree
        Section 11. Violations                                                         planting.
        A. Any person violating any provision of this ordinance shall                  RELEVANT LAND - Any - cont I guous real
        be. subject to a fineinot exceeding one-thousand dollars                       property, owned by the same owners,
        ($1,000). or Imprisonment for thirty (30) days, or botk In the                 one (1) acre or more in size where
        dWcWm of the judge of the Municipal Court of the Municl-                       building, construction and
        pality of                                                                      subdivision is proposed.
        B. No certificate of Occuoancy shall be Issued unless tree                     TREE - Any woody perennial                     having a
        removW, pruning, protection, and planting has been In                          liameter greater than four                      (4)
        accordance with the Approved Plan and all trees required to                    inches, measured at 'a point f our and
                                                                                       one-half (4 1/2) feet above                      the
                                                                                       ground, (diameter breast height).























                                    APPENDIX 15


                         MASSACHUSETTS RIVER PROTECTION ACT




                                                                                                                           Ste Senate No. 15" of,1991.1
                                                                                                    SENATE**.                                                          905.
                                                                                                        By Mt. Durand   ' petition (accompanied by bill, Senate, No. 905)
                                                                                                    of Robert A. Durand, Steven Angelo, Pamela P. Resor, Lucile P.
                                                                                                    Hicks, Patricia A. Walrath, Barbara.E. Gray and other Trembers of
                                                                                                    the General Court for legislation to protect the rivers of the Common-
                                                                                                    wealth. Natural Resources and Agriculture.


                                                                                                                   Tbt CmInawtaltb of INA01gatbuseng


                                                                                                                in the Year One Thousand Nine Hundred and Ninety-Twoi



                                                                                                     AN ACT TO PROTECT THE RIVERS OFTHE COMMONWEALTH.

                                                                                                        I   Whereas, The health of our river systems is a vital factor in
                                                                                                        2 the ecological, ecbnomic and public health of the commonwealth;
                                                                                                        3 and
                                                                                                        4   Rivers, streams and adjacent lands are an irreplaceable natural
                                                                                                        5 resource of the commonwealth that provide: municipal and
                                                                                                        6 industrial water supply and waste assimilation; hydropower;
                                                                                                        7 irrigation for agricultural production; transportation; canoeing,
                                                                                                        8 boating, hiking and other recreational opportunities; beautiful
                                                                                                        9 landscapes, recreational and commercial fishing and sliclifishing;
                                                                                                        10 hunting and trapping opportunities; flyways and migrat3ry paths
                                                                                                        I Ifor animals and birds; preferred habitat for many species that rely
                                                                                                        12 on'the.water for some part of their life cycle; and rich historical
                                                                                                        13 and cultural features that define the character of many of our cities
                                                                                                        14'and towns; and
                                                                                                        15  Ufideveloped land areas along rivers, or their corridors, provide
                                                                                                        16 valuable ecological functions ranging from protecting and
                                                                                                        17 improving water quality, erosion control, flood management,
                                                                                                        18 wildlife habitat and travel paths, and groundwater replenishment;
                                                                                                        19 and
                                                                                                        20  The greatest threats to these resources at the present time'are
                                                                                                        21 presented by land uses within river corridors that are damaging
                                                                                                        22 to the natural integrity of river systems; and
                                                                                                        23   A large portion of the more than ten thousand milcs of river
                                                                                                        24 and stream corridors within the commonwealth has already




           2                      S9NATE - No. 905                      [January                        1992]                     SENATE -No. 905                                3
           25 suffered significant degradation, contributing to persistent                              16  positive functions of rivers as natural amenities in urban areas;
           26 pollution problems, and most remaining undeveloped areas                                  17  to maintain natural vegetative cover along riverbanks while
           27 currently without adequate protection and threatened by                                   18  allowing reasonable visual and physical access to rivers; to
           28 degrading activities; and                                                                 19  promote scenic beauty and open space protection and to ensure
           29 The passage of this act will substantially assist thi common-                             20  that any development permitted within river corridors is designed,
           30 wealth in complying with the nonpoint source @pollution control                           21  constructed and maintained in an environmentally sound manner.
           31 requirements and other water quality standards. mandated by the                           22    (b) It shall be the policy of the commonwealth. to protect the
           32 federal government in its 1987 amendment to the Clean Water                               23  natural integrity of its rivers, tributaries and adjacent lands. In
           33 Act;                                                                                      24  furtherance of this policy, the commonwealth shall encourage and
           34 Therefore, the best interests of the' commonwealth are served                             25  support the istablishment of a system of protected, connected
           35 by policy and legislation recognizing the importance of protecting                        26  open space lands along every river where feasible. In addition, the
           36 the natural integrity of the. commonwealth's river systems and                            27  state shall promote the retention and restoration of naturally
           37 establishing effective means for such protection.                                         28  occurring flow patterns and volumes of water in rivers and their
           38  Whereas, The deferred- operation of this act would        tend to                        29  hydrologically connected systems'. The state shall also encourage
           39 defeat its purpose, which is to protect riverfront lands and the                          30  and support measures to reduce water pollution in order to satisfy
           40 attendant river values described above from ongoing degradation,                          31  or exceed federal clean water laws and standards. All public and
           41 therefore it is hereby declared to be an emergency law, necessary                         32  private programs and actions affecting rivers shall be consistent
           42 for the immediate preservation of the public convenience.                                 33  with this policy.
                                                                                                        34    Section 2. For the purposes of this chapter, the subsequent
           Be it enacted by the Senate and House of Representatives in General                          35  terms are defined as follows: -
           Court assembled, and by the authority of the same, asfollows.-                               36    "Bank," the portion of the land surface which normally abuts
                                                                                                        37  and confines a nver, occurring between a river and a vegetated
           I  SECTION 1. The General Laws are hereby amended by                                         38  bordering wetland, floodplain or upland, the upper boundary of
           2 inserting after chapter one hundred and thirty-one A the following                         39  which is the first observable break in the slope or the mean annual
           3 chapter:                                                                                   40  flood level, whichever is lower, and the lower boundary of which
                                                                                                        41  is the mean annual low flow level.
           4                         CHAPTER 131B.                                                      42    "Basal area," the area in square feet of    'the cross section of a
           5      MASSACHUSETTS RIVER PROTECTION ACT.                                                   43  tree taken at breast height (4.5 feet above the ground).
                                                                                                        44-   "Clearing," the removal of more than one-half the cumulative
           6   Section 1. (a) The purposes of this act are to further the                               45  total of basal area of all live trees five inches or more in diameter
           7 maintenance of safe and healthful conditions; to provide for the                           46  breast height during any ten-ytar period, or the removal of inore
           & wise utilization of water and related land resources within an                             47  than one-half of the total vegetative cover within the portion of
           9 ecological context; to prevent and control water pollution,                                48  each parcel that is within the riverfront area.
           10 especially from nonpoint sources; to reduce erosion and                                   49    "Conservation commission,     " a commission established by a city
           I Isedimentation; to protect, property values; to protect fish                               50  or town pursuant to section eight C of chapter forty.
           12 spawning grounds,- aquitic life, bird and other wildlife habitat;                         51    "Densely developed areas," any area of ten acres or more that,
           13 to guide the placement of structures away from locations where                            52  as of the effective date 'of this act, is being utilized for intensive
           14 there is significant risk of damage due to flooding or erosion; to                        53  industrial, commercial or residential activities or combinations of
           15 protect archaeological and historic resources; to enhance the





         54   such -tactivitits, including, but not limited to- manufacturing,                                93   expansion of struictures, within the riverfront afea for which all
         55   fabricating, wholesaling, warehousing or other commerc            iial or                       94   necessary permits have been granted as of the effective date.of
         56   industrial activities; retail trade and service activities; residential                         95   this act.
         57   dwelling units at a density of three or more. per two, acres; and                               96     "Normal maintenance or improvement," (a) all tilfing and
                                                                                                              07   harvesting practices c
         58   mixed or combined patterns of the above. Land which is to'ned                                                                d9tomarily employed to enhance existing
         59   for intensive use but which is not being utilized for such use as                               98   growing conditions; (b) the pasturing of animals, including the
         60   of the effective date of this act, or which has been subdivided later                           99   construction and maintenance of such fences as may be required;
         61   than ninety days before the effective' date of this act, shall not be                           100  (c) the use of fertilizers, pesticides, herbicides, and other materials
         62   considered a densely developed area for the purpose of this act.                                101  subject to all state and federal laws and regulations governing the
         63    "Land in agricultural use," land primarily ised in raising                                     102  use thereof; (d) the construction, grading or restoring of filed
         64   animals, including, but not limited to, dairy cattle, beef cattle',                             103  ditches, subsurface drains, grass waterways, vents, access roads,
         65   poultry, sheep, swine, horses, ponies, mules, goa.ts, bees and fur-                             104  farm ponds and similar projects to improve draitIRge, prevent
         66   bearing animals, for the purpose of selling such animals or a                                   105, erosion, provide more effective use of rainfall and improve
         67   product derived from      .such animals in the regular course of                                106  equipment operation and efficiency, all in order to improve
         68   business; or whenprimarily'and directly used in a related manner                                107  conditions for the growing of existing crops or raising of animals;
         69   which is incidental thereto and represents a customary and                                      108  (e) the cultivation of cranberries, including the following
         70   necessary use in raising such animals and preparing them or the                                 109  practices: (i) sanding operations using existing pits; (ii) cleaning
         71   products derived therefrom for market; or when primarfly and                                    110  of cross ditches, canals and natural waterways; (iii) repair and
         72   directly used in raising fruits, vegetables, berries, nuts and other                            III  replacement but not enlargement of dikes and piping above and
         73   foods for human consumption, feed for animals, tobacco, flowers,                                112  below@. ground; and (iv) repair, replacement and regrading of
         74   sod, trees, nursery or greenhouse or greenhouse prioducts. and                                  113  existing cranberry bogs; (f) repair and cleaning of reservoirs,
         75   ornamental plants and shrubs for the purpose of*selling such                                    114  dams and water storage systems, including:*related hydroelectric
         76   products in the regular course of business; or when primarily and                               115  generating facilities. within the limits of existing water rights:
         77   directly used in raising forest products and certified, by the state                            116  (g) clearing and vegetative management for utility lines and
         78   forester in consultation with the division of fisheries and wildlife,                           117  related rights of way.
         79 -to be a planned program to improve the quality and quantity of                                   118     "Person," an individual, corporation, partnership, trust.,
         80   a continuous crop for the purpose of selling such products in the                               119  association or other private entity or any officer, agent..
         81   regular course of business; or when primarilyimd directly used                                  120  department or instrumentality of the federal government or an)
         82   in a related manner which is incidental th6reto and represents a                                121  state or its political subdivisions.
         83   customary and necessary use in raising such products and                                        122     "Regional," relating to or serving two or more cities or towns.
         84   preparing them for 'market.                                                                     123     "River," the rivers and perennial streams listed in a documeni
         85     "Mean annual high-water. live," the line, located within a river                              124  entitled "Massachusetts River Classification Program, Part 1
         86   bank,. that is apparent from visible markings, changes in the                                   125  Inventory of Rivers & Streams," prepared by the Department o'
         87   character of soils or vegetation due to the prolonged presence of                               126  Fisheries, Wildlife & Environmental Law Enforcement and th(
         88   water and  .which distinguishes between predominantly aquatic                                   127  Department of Environmental Quality Engineering (July 1982) ol
         89   and predominantly terrestrial land. The mean high tide line shall                               128- as modified pursuant to chapter thirty A.
         90   serve as the mean annual high water line for tidal rivers.                                      129     "Riverfront area," that area of land situated between a river'!
         91     "Nonconforming use," any excavation, structure, road,                                         130  mean.annual high-water line and a parallel line located ont
         92   clearing, driveway, landscaping, utility lines, septic system, or                               131  hundred and fifty fee away (measured outward horizontally) fron





         6                         SENATE - No. 905                       [January                          1992]                      SENATE - No. 905

         132 the river's mean a innual high-water line, or the one hundred year                             171  accordance with the provisions of            section five. Utilit3
         133 floodplain contour (as may be determined on a nap prepared for                                 112  lines carrying Wastewater, stormwater, petroleum or other toxi(
         134 each city and town by the Federal Emergency Management                                         173  materials shall be set back at least twenty-five feet horizontall)
         135 Agency or other reliable source), whichever is wider.                                          174  outward from river's mean annual high-water line, provided that
         136    "Secretary," means the secretary of the executive office envi-                              175  the secretary may grant a variance from this setback upon dut
         137 'ronmental affairs or such agencies or programs that the secretary                             176  considerations of any regulations and guidelines developed unde I
         138  shall designate to carry out the provisions of this chapter.                                  177  subsection (c). River crossings by roads, driveways and utilit3
         139    "Structure," anything built for the support, shelter or enclosure                           178  lines are not prohibited by this subsection, but such crossings shall
         140  of persons, animals, goods, waste, or property of any kind,                                   179  nevertheless remain subject to the Wetlands Protection Act and
         141  together with anything constructed oi erected with a fixed location                           180  all applicable regulations thereunder.
         142  on or in the ground, but exclusive of utility lines, forices and                              181'   (0) The following uses shall be exempt from the provisions ot
         143  structures less than two hundred cubic feet in volume,      .'provided                        182  this subsection: (1) nonconforming uses which existed prior te
         144  that there shall be no volume exception? for containers of waste,                             183  the effective date of this act, provided, however, that the
         145  manure, pesticides, toxic substances, herbicides, fertilizer or salt.                         184  expansidii of a nonconforming use shall be subject to the provi-
         146    "Substantial expansion," an expansion of a structure that                                   185  sions of 'this chapter; (2) activities within the riverfront area
         147  increases the existing floor area by more than  *twenty-five percent,                         186  which are consistent with standards and policies of the department
         148  or ten thousand square feet, whichever is smaller.                                            187  of fisheries, wildlife, and environmental law enforcement and arc
         149    "Utility lines," pipes, wires, cables and other conduits, including                         1.88 designed to improve fisheries or wildlife -habitat; (3) mainte-
         150  the supporting structures and appurtenances, including any                                    199  nance, operation, construction or other activities of the
         151  associated 6ghts-of-way, that are used as part of a collection,                               190  department of public works; (4) dams and related structure@
         152  transmission, distribution, or communication system and are                                   191  associated with the production oi hydroelectricity shall be exempt
         153  designed for the transport of various matter, including but not                               192  from this subsection provided that said dams and structures are
         154  limited to the following: electricity,, telecommunications,                                   193  or become licensed by the Federal Energy Regulatory Commis-
         155  petroleum and other toxic materials, natural gas, stormwater and                              194  sionunder Part I of the Federal Power Act; (5) construction.
         156  wastewater, but excluding septic tanks and leach fields.                                      195  expansion, repair and maintenance of hydroelectric power, public
         157    "Vegetated buffer strip," a strip of fifty feet or wider, measured                          196  water supply, local or regional wastewater treatment and theii
         158  horizontally outward from a river'smean annual high-water line,                               197  related, structures, systems, and facilities, but not including utilit)
         159  which is composed of a relatively undisturbed stand. of trees,                                198  lines; (6) public access to rivers, public -non-motorized vehicula i
         160  shrubs and other vegetatiun, from which no more than one-half                                 199  access along rivers and public boat launchings; (7) use oi
         161  the cumulative total of basal area of all live trees rive inches or                           200  implementation by the commonwealth or by any political
         162  more in diameter breast height are removed during any ten-year                                201  subdivision thereof - of engineering techniques and device,
         163  period.                                                                                       202  necessary for the purpose of bank stabilization, flood oi crosior
         164    Section 3. (a) The construction, creation, placement or                                     203  control, or improvement of navigation; (8) expansion, repair and
         165  installation of any structure, road, clearing, driveway, septic tank                          204  maintenance of piers, docks, wharves and other similar structure@
         166  or leaching,..field, underground storage. tank, solid waste,                                  205  which may be located completely or partially within the riverfrow
         167  excavation:br filt exceeding ten cubic yards, or the substantial                              206  area, provided that such structures shall remain subject tc
         168  expansion of an existing structure shall be prohibited from the                               207  statutory and regulatory promulgations under chapters ninety.
         169  riverfront area; provided, however,. that the local conservation                              208  one or one hundred and thirty-one A of the General Laws.-
        ..,170 commission may grant a variance from these prohibitions in                                   209  (9) and normal maintenance or improvement of land ir.




                                          NO- V95                 tianuary                       19921                     SENATE - No. 905                                9

  .0   agricultural use shall be exempt from the provisions of this                              249   of land within and without of the riverfront area. Cities and towns
       Isubsection, provided that said maintenance or improvment                                 250   may, with the secretary's prior approval, define a riverfront area
       2other than for the cultivation of cranberries, occurs moie than                          251.  of less than one hundred and fifty feet for the portions of riverfront
       3twenty-five feet from the mean annual high-water line. Sub-                              252   areas that qualify as densely developed areas; provided, however,
       4section (a) shall not apply to (i) the portion of any river and                          253   that no city or town shall establish a rivetfront area of less than
       5adjacent land that is covered by a protective order issued pursuant.                     254   twenty-rive feet. Local modifications to the size of the riverfront
       6to section seventeen B of chapter twenty-one or (ii) a substantial                       255   area shall be consistent with the regulations and guidelines
       7expansion of an existing structure located within the riverfront                         256   developed under section three (b) and locally adopted master
       8area is the expansion itself is not within the riverfront area..                         257   plans, harbor plans, greenway plans, water resources management
       9Notwithstanding any of the above, river banks should be retained                         258   plans and open space and recreation plans, if any.
       .0 in . naturally vegetated and relatively undisturbed condition                          259    (e) If an owner of land in agricultural use which lies in whole
       Iwhenever possible.                                                                       260   or in- part within the riverfront area proposes a change in use out
       -12 (c) Pursuant to chapter thirty A, and within one yeaf of the                          261   of agricultural production and into residential, industrial or
       3effective date of this chapter, the secretary shall adopt such rep-                      262   commercial use, said owner shall notify the city or town in which
       -4 lations as are deemed necessary to carry out the purposes of this                      263   said land is located of his intention to convert or sell for
       5chapter. These regulations shall include criteria for the issuance                       264   conversion. For a period of one hundred and twenty days
       6of variances, including specifically (i) the substantial hardship,                       265   subsequent to such notification, the city or town shall have the
       7variance authorized by sections three (a) and rive (a) and                               266   option to purchase said land for a price determined to be the
       8(ii) the utility line setback variance granted by the secretary                          267   difference between the development value and the agricultural
       9authorized by section three (a); criteria delimiting the exemptions                      268   value of the land, to be determined by an impartial appraisal. After
       0set forth in 'section three (b); and criteria for determining                            269   a public hearing, said city or town may assign Said option to a
       Iviolations in accordance with the provisions of section six. The                         270   nonprofit conservation organization under such terms and
       2secretary shall develop guidelines addressing suggested minimum                          271   conditions as the mayor or board of selectmen deem appropriate.
       3standards for municipal zoning, land use controls and other                              272     (f) No conversion of land shall commence unless and until
       4mechanisms designed to carry out the purposes of this chapter.                           273   either said option period shall have expired or the land owner shall
       5These guidelines may include: provisions governing building and                          274   have been notified in writing by the mayor or board of selectmen
       6structure size, setback and locations; the establishment of                              275   of the city or town in question that said option shall not be
       7vegetated buffer strips; the.location and mapping of fiverfront                          276   exercised. Transfer of the option as provided for in this subsection
       8areas; the establishment of densely developed area districts and                         277   shall ha'@ve no effect on the duration of the option period which
       9other districts; and prevention of the direct discharge of untreated                     278   shall start with the initial notification made to the city or town
       ostormwater into rivers. The secretary is further directed to review                      279   by the landowner.
       Iand recommend modifications to programs and activitia of the                             280     Section 4. Nothing in this chapter shall be construed to
       2commonwealth. as they affect the protection afforded by this                             281   supersede the provisions of chapter one hundred thirty-one A or
       3chapter.                                                                                 282   chapter ninety-one and regulations promulgated thereunder.
       I (d) Cities and towns are hereby authorized to adopt ordinances                          281   Subject to the provisions of chapter ninety-one, the jurisdiction
       5or by-laws consistent with this chapter and with section nine D                          284   of municipal riverfront area protection ordinances or bylaws
       iof chapter forty A; provided, that such ordinan  "ces or by-laws may                     285   which carry out the purposes of this chapter in whole or in part
       Ipermit the clustering, so-called, of development outside of the                          286   may include any structure built on, over or abutting a dock, wharf,
       iriverfront area on properties whose boundaries include portions                          287   pier or other structure extending below the mean annual high



          10                         SEDCATE - No. 905                       t3anuary                       19921                      SENATE - No. 905,
          288  water line of a river or adjoining wetland. In accordance with this                          326   the provisions of chapter two hundred and twelve and any other
          289  jurisdiction, cities and towns may enact ordinances and bylaws                               327   appropriate General Law.
          290  affecting structures which. extend over the water or are placed on                           328     Section 6. (a) Any person -who willfully or negligently orders
          291  lands lying between high and low water lines or within wetlands.                             329   or. conducts activity in violation of any provision of this
          292  Facilities for regional wastewater treatment and their related                               330   chapter shall be punished by a fine of not less than two thousand
          293  structures and systems are exempt from this section.                                         331   five hundred dollars nor more than twenty-rive thousand dollars
          294-' . Section 5. (a) The conservation commission, building                                      332   per day of violation, or by imprisonment for not more than one
          295  inspector, planning board, health board or their duly authorized                             333   year, or both. Any person receiving a subsequent conviction shall
          296  agents, and environmental police officers, are hereby empowered                              334   be punished by a fine of not less than five thousand dollars nor
          297  to take notice of this chapter and to enforce its provisions in the                          335   more than fifty thousand dollars per day of violation, or by
          298  performance of their other duties; and to enter upon privately                               336   impr isonment for not more than two years, or both.
          299  owned land to enforce the provisions of this chapter.                                        337     @b) Any person who orders or conducts any activity in violation
          300    (b) The conservation commission shall have the power, after                                338   of Ihis,cb;kpter shall be subject to a civil penalty of not less than
          301  public hearing for which notice has been given by publication,                               339   five hundred dollars nor more than twenty-five thousand dollars
          302  posting and mailing to all parties in interest pursuant to regula-                           340   per day_-6f violation. Any person receiving a subsequent civil
          303  tions developed under section three (b) of this chapter, upon                                341   penalty shall be subject to a penalty of not less than one thousand
          304  pa ition with respect to particular land or structures, and after due                        342   dollars per day nor more than twenty-five thousand dollars per
          305  consideration of any regulations'and guidelines developed under                              343   day of violation.
          306  section three (b) of this chapter, to grant a variance from the                              344     (c) In addition or as an alternative to (a). or (b) of this section,
          307  activities prohibited under section three (a) of this chapter where                          345   any person who orders or conducts any activity in violation of
          308  the conservation commission specifically finds that a literal                                346   this chapter may be ordered to restore the affected riverfront area
          309  enforcement of the provisions of section three (a) of this chapter,                          347   to its prior or an improved condition.. .
          310  in the context of the entire parcel or adjacent parcels owned by                             348     (d) Fines and penalties assessed under this chapter shall accrue
          311  or under option to purchase by the petitioner or appellant, would                            349   to the conservation commission in each city or town in which the
          312  involve a substantial hardship to the petitioner or appellant, and                           350   violation occurred. In a legal action in which the pleadings
          313  that desirable relief may be granted without substantial detriment                           351   challenge the validity or legality of this chapter or any ordinance
          314  to the public good and without nullifying or substantially                                   352   or bylaw' adopted hereunder, the Attorney General shall be made
          315  derogating from the purpose and intent of this chapter.                                      353 'a party until removed by the Attorney General's consent.
          316  Reasonable fees may Le collected and retained by the conservation                            354   ' Section 7. @ The following parties may bring an action- for
          317  commission to carry out the provisions of this section.                                      355   injunctive relief or for civil penalties to enforce any provision of
          318     (c) An appeal', resulting from any action of a conservation                               356   this chapter: (1) the commonwealth; (2) any governmental
          319  commission pursuant to subsection (b), or the failure of said                                357   subdivision having jurisdiction over land or water upon which an
          320  commission to hold a public hearing and act upon a petition for                              358   alleged violation of this act is occurring or within the watershed
          321  variance within sixty days of the filing thereof may be made -to                             359   where a violation is occurring; or (3) any ten citizens, which may
          322  the secretary under such conditions, including the payment of fees,                          360   include but need not be members of a nonprofit conservation
          323  as promulg   'ated in regulations developed under the authority of                           361   organization, one,of whom is a resident of the city or town in
          324  section three (b) of this chapter. Appeals from decisions of the                             362   which the alleged violation of this act is occurring. Any party who
          325  secreury may be made to the superior court in accordance with                                363   brings an action under this section and is determined by the court
                                                                                                            364   to be the prevailing or substantially prevailing party may be




     5 awarded iio'sts an@ reasonable attorney and expeit witness fees.                            4. review of rules and regulations to carry out the purposes of this
     6 The superior court shall have jurisdiction to enforce the provi-                            5  'chapter. The advisory committee shall consist of ten members, rive
     7 sions of this chapter.                                                                      6  of whom shall represent environmental organizations in the
     8    Section 8. Actions and prosecutions under this chapter shall,                            7  commonwealth and five of whom shall represent land owners or
     9 unless otherwise expressly provided, be commenced within two                                8  the real estate community. At least two of the members shall own
     0 years after the time when the offense was committed or discovered,                          9  or have an interest in land located in a riverfront'area, as defined
     I whichever is later.                                                                         10 in this chapter. The advisory committee shall meet with the
     2    Section 9. If any section or provision   of this chapter shall be                        I Isecretary or the secretary's designee for the purpose of advising
     3 held unenforceable by any court of competent jurisdiction, this                             12 the secretary as to the criteria for variances, and shall also
     4 chapter shall be construed as though such section or provision                              13 recommend any legislative proposals which would make the
     '5 had not been included in it. If any iection or provision of this                           14 implementation of this act more efficient. Said meetings shall be
     '6 chapter shall be susceptible of two constructions, one of which                            15 at the discretion of the secretary, provided that the committee shall
     '7 would render such section or provision invalid, then, such                                 16 meet four times in the first twelve months after the effective date
     .'8 section or provisiod shall be given the construction that would                           17 of this act, and at least once annually thereafter.
     19 render it valid.

     I    SECTION 2. Chapter forty A of the General I.Aws is hereby
     2 amended by inserting after section nine C the following new
     3 section:
     4    Section 9D. Cities and towns may adopt zoning ordinances or
     5 bylaws for the purpose of river and stream protection that are
     6 consistent with the provisions of chapter one hundred thirty-
     7 one B. The location of any zoning districts created by such
     8 ordinances or bylaws shall be shown on a zoning or overlay district
     9 map pursuant to section four. Cities and towns are hereby
     10 authorized to illustrate on their zoning or overlay district maps
     i Ithe location of any riverfront area as defined by chapter one
     12 hundred thirty-one B.

     I    SECTION 3. The Secretary of Environmental Affairs shall'
     2 submit any rules and regulations promulgated under the provi-
     3 sions of this act to the committee on natural resources and
     4 agriculture for its review within sixty days prior to the effective
     5 date of said. regulations.

     I    SECTION 4. The Secretary of Environmental Affairs is
     2 hereby directed to establish and appoint a Riverfront Advisory
     3 Committee for the purpose of participating. in the drafting and



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                                    APPENDIX 16


                        MASSACHUSETTS ENDANGERED SPECIES ACT





















                                                  I























   I









                              S 1768
                                                                   Chapter      408.



                             T H E   C O M M O N W E A L T H   O F   M A S S A C H U S E T T S

		In the Year One Thousand Nine Hundred and Ninety


	AN ACT TO PROVIDE PROTECTION FOR ENDAGERED AND THREATENED SPECIES.



	Be it enacted by the Senate and House of Representatives in General Court

assembled, and by the authority of the same, as follows:

	SECTION 1.  The seventh paragraph of section 60 of chapter 21 of the Gen-

eral Laws, as appearing in section 23 of chapter 653 of the acts of 1989, is

hereby amended by striking out, in the fourth line the word "twenty-six A,".

	SECTION 2.  Section twenty-six A of chapter one hundred and thirty-one of

the General Laws is hereby repealed.

	SECTION 3.  Section 90 of said chapter 131, as appearing in the 1988 Offi-

cial Edition, is hereby amended by striking out, in line 38, the word

"twenty-six A,".

	SECTION 4.  The General Laws are hereby amended by inserting after

chapter 131 the following chapter:-


						CHAPTER 131A

				MASSACHUSETTS ENDAGERED SPECIES ACT.

	Section 1.  The following words shall have the following meanings unless

the context clearly requires otherwise:-

	"Alter", to change the physical or biological condition of a habitat is

any way that detrimentally affects the capacity of th ehabitat to support a

population of endangered or threatened species.

	"Animal", any member of the animal kingdom including, but not limited to,

any mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod or

other invertebrate or any part, product, egg or offspring or the dead body or

any part thereof.

	"Director", the director of the division of fisheries and wildlife within

the department of fisheries, wildlife and environmental law enforcement, who

shall have all powers hereunder that exist for purposes of chapter one hundred

and thirty-one.

	"Endangered species", any species of plant or animal in danger of extinc-

tion throughout all or a significant portion of its range including, but no
 











                             S 1768


                             limited  to, species listed from time to time as "endangered" under the provi-

                             sions of the Federal Endangered Species Act of 1973, as amended, and species

                             of plants or animals in danger of extirpation, as documented by biological re-

                             search and inventory.

                                 "Land  in agricultural use,, land primarily and directly used in raising

                             animals including, but not limited to, dairy cattle, beef cattle, poultry,

                             sheep,  swine, horses, ponies, mules, goats, bees and fur-bearing animals, for

                             the purpose of selling such animals or a product derived from such animals in

                             the regular course of business; or when primarily and directly used in a re-

                             lated manner which is incidental thereto and represents a customary and neces-

                             sary use in raising such animals and preparing them or the products derived

                             therefrom for market; or when primarily and directly used in raising fruits,

                             vegetables, berries, nuts and other foods for human consumption, feed for ani-

                             mals, tobacco, flowers, sod, trees, nursery or greenhouse products and orna-

                             mental plants and shrubs for the purpose of selling such products in the regu-

                             lar course of business; or when primarily and directly used in raising forest

                             products and certified, in consultation with the division of fisheries and

                             wildlife, by the state forester, to be a planned program to improve the quan-

                             tity and quality of a continuous crop for the purpose of selling such products

                             in the regular course at business; or when primarily and directly used in a

                             related manner-which is incidental thereto and represents a customary and nec-

                             essary use in raising such products and preparing then for market.

                               "Land in aquacultural use", land and waters used primarily and directly in

                             the commercial cultivation of aquatic organisms including finfish, mollusk or

                             crustacean in a controlled environment.

                               "Normal maintenance or improvement", (a) all tilling and harvesting prac-

                             tices customarily employed to enhance existing growing conditions; (b) the

                             pasturing of animals including the construction and maintenance of such fences

                             as way be required; (c) the use of fertilizers, pesticides, herbicides and

                             other materials, subject to all state and federal laws and regulations govern-

                             ing the use thereof; (d) the construction, grading or restoration of field

                             ditches, subsurface drains, grass waterways, vents, access roads, farm ponds

                             and similar projects to improve drainage, prevent erosion, provide more effec-

                             tive use of rainfall and improve equipment operation and efficiency, in order

                             to improve conditions for the growing of existing crops or the raising of ani-

                             mals; (e) the cultivation of cranberries, including the following practices:
 








                             S 1768


                             (I) sanding operations using ex;sting pits; (ii) cleaning aC cross ditches,

                             canals and natural waterways; (iii) repair and replacement but not enlargement

                             of water control structures, Including flumes, pumps, dikes and piping above    I

                             and below ground; (Iv) repair, replacement and regrading of existing cranberry

                             bogs; (v) repair and cleaning of reservoirs, dams and water storage systems

                             within the limits of existing water rights.

                                *Person", an individual, corporation, partnership, trust, association or

                             other private entity or any officer, agento department or instrumentality of

                             the federal government or any state or its political subdivisions.

                                'Plant', a member of the plant kingdom including seeds, roots, or other


                             parts.
                                ."Significant habitat', specific areas of the commonwealth, designated in

                             accordance with section four, In which are found the physical or biological

                             features important to the conservation of a threatened or endangered species

                             population and which may require special management considerations or prot*c-

                             tion.


                               OSpeciesO, any subspecies at variety of plant or animal and any distinct

                             plant or animal population which interbr*eds at cross pollinates when mature.

                               "Species of special concerno. any species of plant at animal which has

                             been documented by biological research and Inventory to have suffered a do-

                             cline that could threaten the species if allowed to continue unchecked or that

                             occurs in such small numbers cc with such a restricted distribution cc spe-

                             cialized habitat requirements that It could easily became threatened within

                             the commonwealth.


                               OTakeg, in reference to animal&, to harass, harm# pursue#' hunt# shoot#

                             bound, kill, tcape capture, collect. process, disrupt the casting, brooding,

                             feeding at migratory activity cc attempt to engage in any such conduct, at to

                             assist such conduct, and In reference to plants. to collect, pick, kill,

                             transplant, cut at process or attempt to engage at to.assist In any such con-

                             duct.

                               OThreatened speciesO. any species of plant at animal likely to become an

                             endangered speiiLes within the faresoeabl* future throughout all at a aLgnifi-

                             cant portion of Its range Including,, but not limited to, species listed from

                             time to time as Othreat*nede under the provisions of the raderal Endangered

                             Species Act CC 1973, as amended, and any species declining at care as.d*ter-.

                             mined by biological research and inventory and likely to become endangered in




                                                                 3











                               S 1768


                               the  foreseeable  future; provided, however, tiat the inclusion at any species

                               on tne Federal Tnreatened Species list shall not limit the discretion    of   the


                               director to list said species as *endangered'.

                                   Section 2. Except as otherwise provided in this chapter, no person may

                               take, possess, transporto export, process, sell or offer for sale, buy or of-

                               fer to buy, nor shall a common or contract carrier knowingly transport or re-

                               ceive for shipment, any plant or animal species listed as endangered.    threat-

                               ened or of special concern or listed under the Federal Endangered Species Act.

                                  Except as otherwise provided In this chapter, no person may alter signifl-

                               cant habitat.


                                  Section 3. Any person may transport, possess, or-sell, in accordance with

                               the terms of any necessary state and federal permit, any species appearing on

                               any of the lists prepared in accordance with section four which enters the

                               com-anwealth from another state or from a point outside the territorial limits

                               of the United States. A person may   possess or propagate all plants listed as

                               endangered, threatened or special concern; provided, however, that the sources

                               for such propagation or possession shall not be taken from the wild. All nur-

                               serymen my. sell all plants listed an endangered, threatened or of special

                               concern; provided, however, that the sources for such sal* shall not be taken

                               from the wild.

                                 TM director say permit the taking,. possession, pucchase, sale, transpor-

                               tation, exportation or shipment of any species appearing on the list of ondan-

                               gored at threatened species or species of special concern developed by@tbs di-

                               rector pursuant to section four got scientific or educational purpbses, at for

                               at from propagation in captivLty and may permit the taking of special concern

                               species for the purposes of falconry. pursuant to regulations promulgated by

                               the director.

                                 The director may permit the removal, capture, or destruction     of any spa-

                               ciao appearing on the list of endangered at thc*atoned species cc  species of

                               special concern developed by the dicector pursuant to section four to protect

                               human hezlth, when a public health hazard exists as certified by the depart-

                               sent of public health.

                                 A landownes may construct a single family house covering no more than

                               three thousand square foot of ground and Install any necessary utilities to

                               service s&:J house and construct In a reasonable fashion a single        access

                               driveway tz the nearest public or private way an a lot having an are&    of at




                                                                    4










                              S 1768


                              least  three acres; provided, however, that the lot on which said con3truction

                              takes place was owned by said landowner and in existence an Janua:y first,

                              nineteen hundred and ninety; and provided, further, that said lot was not held

                              in common ownership with any adjoining land as of said date. For purposes of

                              this paragraph, the phrase 'in existence' shall mean a lot shown on. a defini-

                              tive plan that has received final approval under chapter forty-one or shcwn on

                              a plan that has been endorsed under section eighty-one P of said chapter.

                                  Section 4. The director shall conduct investigations and consult with the

                              nongame advisory committee established pursuant to section five B of chapter

                              one hundred and thirty-one in order to determine whether any species of plant

                              or animal constitutes an endangered or threatened species or species of spe-


                              cial concern.


                                 Criteria for deierzining endangered, threatened-or special concern status

                              shall be based on biological data including, but not limited to, reproductive

                              and population status and trends, whether the species in native or has been

                              introduced, vulnerability, as determined by threats to the species or its hab-

                              itat, specialization, as determined by unique habitat requirements; restricted

                              distribution* - as determined by limited or disjunct geographic rang* and

                              rarity, as determined by a limited number of occurrence& or by occurrence in

                              limited numbers.


                                 The director shall list endangered. threatened and special concern species

                              and shall review said list at least once every five years for the purpose of

                              listing or d*listLng species. The burden of proof for delisting species shall

                              be on the person requesting such change In status. The establishment of said

                              list and any proposed changes th*reto shall be by r"ulatlon after a public

                              hearing and shall be subject to the provisions of chapter thirty A.

                                Upon the effective date of the regulations adopted hereunder the director

                              shall designate significant habitats of endangered or thceatened species popu-

                              lations by regulation, after a public hearing* and subject to the provisions

                              of chapter. thirty A, on the basis of the beat scientific evidence      available,

                              aft*c taking into consideration the !allowing criteria:

                                 (1) the  current and foreseeabit threats to the population or Its habitati

                               (11) the   sixe of the population;

                              (111) the potential benefits of d*s!gnation to the population and to            the

                              status and welfare of the species gonertily; and

                               (iv) current and foreseeable uses ot the land.












                             S 1768


                                 The director shall review and designate qualifying significant habitats on

                             a yearly basis and may, from time to time, revise such designation by regula-

                             tion as appropriate. The designation, and revision of designation of signifi-

                             cant habitat by the director shall constitute the adoption of regulations sub-

                             ject to the provisions of chapter thirty A. The location of designated sig-

                             nificant habitat shall be marked on maps available for inspection by record

                             owners and shall be described by metes and bounds or  another adequate method

                             which identifies the boundaries of the significant habitat.

                                 Record owners of lands or interests in lands containing habitat to be so

                             designated shall be notified by certified mail not less than thirty days prior

                             to the public hearing regarding such designation. Upon the adoption of the

                             regulation designating the significant habitat, the director shall cause a

                             document identifying the location of each habitat so designated, together with

                             a list of the assessed owners of such lands, to be recorded in the proper reg-

                             istry of deeds or, if such lands are registered, in the registry district of

                             the land court, and shall send, by certified mail, a copy thereof to each

                             record owner. Maps showing the location of significant habitats shall be made

                             available to local zoning boards, planning boards and conservation commissions

                             or, where none of the above exist, the local board of selectmen at mayor and

                             the city council, in those communities where such habitats occur.

                                Local zoning boards, planning boards or conservation commissions shall no-

                             tify the director, in writing, of any and all petitions, requests or applica-

                             tions for permits, orders or approvals regarding proposed activity within sig-

                             nificant habitats within twenty-one days of the filing of such petitions, re-

                             quests or applications.

                                Record owners of lands or interests in land containing significant habitat

                             say appeal the director's designation of such significant habitat to the sec-

                             retary of the office of environmental affairs by sending, by certified mail, a

                             notice of appeal to said secretary within twenty-one days of such designation.

                             Said secretary shaLL hold a hearing on such appeal within a reasonable time,

                             and in no case later than one hundred and twenty days from the date of such

                             designation. Said secretary shall consider the information and testimony pre-

                             sented at the hearing and shall make a determination thereon within sixty

                             days.  Said secretary shall reverse the decision of the director only upon a

                             finding that such decision was without substantial basis in fact.    Upon the

                             reversal of a decision, the director shall rescind the   regulation, or a part
 









                                S 1768


                                thereof, which established such designation, as it affects the appealing

                                record owner.


                                    In addition to the aforementioned appeal, owners of land containing sig-

                                nificant habitat may, within twenty-one days of designation, petition the di-

                                rector to consider purchasing such habitat from monies appropriated by the

                                general court or from bond funds.

                                    The division of fisherier and wildlife shall, after a public hearing and

                                in accordance with the procedures set forth in chapter thirty A, adopt any

                                regulations necessary to implement the provisions of this chapter. Said regu-

                                lations shall be promulgated with the advice and assistance of a technical ad-

                                visory committee to consist of nine persons to be appointed by the director;

                                two of whom shall be university or college professors from two separate educa-

                                tional Institutions with expertise in endangered species biology, one of whom

                                shall be a member of a Massachusetts environmental organization; one of whom

                                shall be a member of the nongame advisory committee established pursuant to

                                section five B of chapter one hundred and thirty-one; one of whom shall be a

                                member of the sporting community, one of whom shall be a representative of the

                                utilities industry; one of whom shall be a representative of the real estate

                                development industry, one of whom shall be a member of the staff of the do-

                                partment of public works and one of whom shall be a representative of agricul-

                                tural interests.


                                  The division of fisheries and wildlife shall, at least sixty days prior to

                                filing such regulations under the provisions of section five of chapter

                                thirty A, file such regulations with the clerk of the house of representatives

                                who shall forward such regulations to the joint committee on natural resources

                                and agriculture for its review at least sixty days prior to the effective date

                                of said regulations. Said regulations shall include, but not be limited to:

                                criteria to be applied by the director in determining which activities will

                                reduce the viability of significant habitat to support endangered or threat-

                                ened species; criteria to further define alteration of a significant habitat;

                                and other regulations designed to carry out the purposes of this chapter.

                                This provision shall not affect existing regulations listing endangered,

                                threatened or special concern species in effect on the effective date of this

                                chapter.

                                  All agencies, departments, boards, commissions and authorities shall uti-

                                lize their authorities in furtherance of the purposes of this chapter and





                                                                     -7-
 









                                 S 1768

                                 shall review, evaluate and determine the impact on endangered, threatened and

                                 special concern, species of all works, projects or activities conducted by them                                                                                                                     em

                                 and shall use all practicable means and measures to avoid or minimize damage

                                 to such species.

                                     Section 5.   (a)   Before any person alters a significant habitat, except as

                                 provided in paragraph (b) below or in paragraph four of section three, such

                                 person shall submit to the director the following:

                                      (i) full plans and a complete description of the project and the antici-

                                 pated use;

                                    (ii) alternatives to the proposed project and anticipated use;

                                   (iii)  impacts of the proposed project and anticipated use on the subject

                                 species;

                                   (iv) full plans for the protection of any endangered or threatened species

                                 present and the mitigation measures to be taken to provide amelioration of the

                                 impact;

                                    (v) the potential economic effects of the proposed project an the person

                                 and the community; and

                                   (vi), any additional information the director way require.

                                    No alteration of a significant habitat my commence without a written per-

                                 mit issued by the director. The director shall tender a decision within for-

                                 ty-five days of receiving all required information. A permit shall be granted

                                 only upon a finding by the director that the proposed action will not reduce

                                 the viability of the significant habitat to support the endangered or threat-

                                 ened species population involved.

                                   Vegetation management activities conducted by gas at electric utility com-

                                 panies an existing rights of way for which the natural heritage and endangered

                                 species program of the division of fisheries and wildlife has reviewed vegata-

                                 tion management and yearly operational plans therefor and has made recommends-

                                 tions with respect to avoidance, minimization or mitigation of impacts an en-

                                 dagered, threatened or special concern species, and for which said utility

                                 company has incorporated any such avoidance, minimization or mitigation mea-

                                 sures into said plans, shall forthwith be issued a permit by the director

                                 without further conditional provided, however, that the permit may be condi-

                                 tioned upon implementation of any such avoidance, minimization or mitigation

                                 measures. Failure of the natural heritage and endangered species program of

                                 the division of fisheries and wildlife to make any such recommendations within


											- 8 -
 








                              S 1768


                              ninety days receipt of vegetation management or yearly operating plans for

                              review shall be equivalent to the issuance of a permit by the director.

                                   (b)  Any work, project or activity of any person for which (i) a final en-

                              vironmental impact report certified by the secretary of environmental affairs

                              as adequately and properly complying with the provisions of sections sixty-one

                              to sixty-two H of chapter thirty has been issued, or (ii), an environmental

                              notification form has been filed and the secretary has certified that an envi-

                              ronmental impact report is not required, and for which the natural heritage

                              and endangered species program of the division of fisheries and wildlife has

                              reviewed the project and made recommendations with respect to avoidance,

                              minimization or mitigation of impacts an endangered, threatened or special

                              concern species, and for which the project proponent has incorporated any such

                              avoidance, minimization or mitigation measures in the project design, shall

                              forthwith be issued a permit by the director without further conditions, ex-

                              cept that the permit may be conditioned upon implementation of any such avoid-

                              ance, minimization or mitigation measures. Failure of the natural heritage

                              and endangered species program of the division of fisheries and wildlife to

                              make any such recommendations within the following time periods shall be

                              equivalent to the issuance of a permit by the director: (A) if an environmen-

                              tal impact report is not required, ninety days after the secretary issues a

                              notice of the-receipt of an environmental notification form, as described in

                              section sixty-two A of chapter thirty and the regulations thereunder; or

                              (B) if an environmental impact report is required, prior to certification by

                              the secretary that the final environmental impact report adequately and prop-

                              erly complies with sections sixty-one to sixty-two H of chapter thirty.

                                 (c) Record owners of lands or interests in lands aggroeved by a decision

                              of the director or by his failure to act hereunder may appeal to the secretary

                              of the office of environmental affairs by sending by certified mail, a notice

                              of appeal to the secretary within twenty-one days of such decision or failure

                              to act. The secretary shall hold a hearing on such appeal within a reasonable

                              time, and in no case later than one hundred twenty days from the date of such

                              decision.  The secretary shall consider the information and testimony pre-

                              sented at the hearing and shall make a determination thereon within sixty

                              days.  The secretary shall overturn the decision of the director only upon a

                              finding that it was without substantial basis in fact, but shall fully examine

                              an the merits any appeal involving the director's failure to act.




                                                                    - 9 -
 











                                S 1768

                                    (d) The provisions of this section shall not apply to work performed in

                                the normal maintenance or improvement on land in agricultural or aquacultural

                                use.

                                    (e) In addition to the appeal described In subparagraph (c), a landowner

                                aggrieved by a decision of the director may file an action in superior court

                                department of the trial court to determine whether such decision constitutes a

                                taking requiring compensation under the Constitution of the United States.

                                   Section 6. (a) Any person who violates the provisions of the first para-

                                graph of section two or the rules and regulations promulgated, thereunder,

                                shall be punished by a fine of not less than five hundred dollars or imprison-

                                ment for not more than ninety days or both such fine and imprisonment. Upon a

                                second or subsequent conviction such person shall be punished by a fine of not

                                less than five thousand dollars nor more than ton thousand dollars or by im-

                                prisonment for not more than one hundred and eighty days or both such fine and

                                imprisonment.

                                   (b) Any person who violates the provisions of the second paragraph of

                                section two at rules and regulations promulgated thereunder, shall be punished

                                by a fine of not less than one thousand dollars nor more than ten thousand

                                dollars or by imprisonment for not move than ninety days or both such fine and

                                imprisonment. Upon a subsequent conviction, such person shall be punished by

                                a fine of not less than ten thousand dollars nor more than twenty thousand

                                dollars or by imprisonment for not more than one hundred and eight days or

                                both such fine and imprisonment. In addition or as an alternative to such

                                penalties, any such person any be ordered to restore the significant habitat

                                to its prior condition.

                                   (c) The commission of a prohibited act with respect to each individual

                                animal at plant, or part thereof, shall constitute a separate violation.

                                  SECTION 5. The division of fisheries and wildlife in the department of

                                fisheries, wildlife and environmental law enforcement shall adopt regulations

                                to implement the provisions of chapter one hundred and thirty-one A of the
					
					  General Laws prior to December thirty-first, nineteen hundred and ninety-one.



                                                                House of Representatives, December  17, 1990.



                                  Passed to be enacted,                                                    Speaker.






                                                                       - 10 -
 



                            S 1768                                       In Senate, December  17, 1990.

                                Passed to be enacted
                                                                                               President.




                                  December 27    1990.

                                             A roved,







                                                           Governor.























                                     APPENDIX 17


                USEPA!S NONPOINT SOURCE POLLUTION MANAGEMENT MEASURES
                         FOR MARINAS AND RECREATIONAL BOATING




































           CHAPrER 5. MANAGEAHM MEASURES FOR MARINAS AND
                         RECREATIONAL BOATING





















     SOURCE: Propoged Guidance Specifying Management Measures fo
     Sources of Nonpoint Pollution in Coastal Waters. U.S. Environrnental@
     Protection Agency, 1991.









               CIELUqER 5.             MANAGEMENT MEASURES FOR MARINAS AND
                                       R-F)CREATIONAL BOATING

               I.      Introduction    ............................................                               5-1

                       A.      Nonpoint Source Pollution Impacts from Marinas and Associated
                               Boating Activities    ...................................                          5-2
                       B.      Souma of NPS Impacts         ............                                          5-3
                       C.      Federal, Programs that Apply to Marinas and iu;c;@aiional' B'o*a*tin'g' *.*.*.'.*.* 5-4
                       D.      State Programs    ...............         I .......................                5-5
                       E.      Management Measures         .................................                      5-5
                       F.      Applicability of Management Measures        .................            o  .....  5-6

               11.     Management Measures for Marina Siting           ..........................                 5-6

                       A.      Environmental Concerns       ...............................                       5-6
                       B.      Management Measures        ................................                        5-7
                       C.      Marina Siting Practices    ................................                        5-8

                               1.      Water Quality    ............................                      o  .... 5-8
                               2o      Wetlands   .......... .............                  *............        5-19
                               5.      Submerged Aquatic Vegetation      .............           o .........     5-19
                               4.      Benthic Resources     .............................                      o5-19
                               5.      Critical Habitats  ...............................                        5-19
                               6.      Dredging and Dredged Material Disposal         ...............            5-19
                               7.      Water Supply     ...............................                      o .5-20

                       D.      Pollutant Reductions and Costs     ..........................                     5-21

                                     Measures for ft Design of Marinas                                           5-21

                       A.      Environmental Concerns      ...............          @j .......    o  .......     5-21
                       B.                     Measures    ................................                       5-22
                       C.      Marina Desien Practices      ..............................                       5-22

                               1.      Shoreline Protection and Basin Design       ......    o ...........       5-23
                               2.      Navigation and Access Clmnnels       .....................                5-23
                               3.      Wastewater Facilities   ............................                      5-24
                               4.      Stormwater                   .........       o ...............            5-25
                               5.      Dry Boat Storage    ...............          o ...............            5-26
                               6.      Boat               Areas   ..........................                     5-26
                               7.      Fuel Storage and Delivery Facilities      ..................              5-26
                               8.      Piers and Dock Systems     ..........................                     5-27

                       D.      Pollutant Reductions and Costs     .............................                  5-27








                     IV.    Management Measures for Operations and Maintenance of Marinas and Boats . . 5-28

                            A.     avironmental Concerns      ..............................                 5-28
                            B.     Management Measures                                                       .5-28
                            C.     Marina Operatibn and Maintenance Practices     .................          5-29

                                   1.     Fish Wastes    .................................                   5-29
                                   2.     Boat Maintenance Areas    ..........................               5-30


                            D.     Pollutant Reductions and Costs   ..........................               5-33


                     V.     Recommendations for State Programs to Implement Management Measures for
                            Marinas and Recreational. Boating  .............................                 5-33

                            A.     Management Process     ................................                   5-34
                            B.     Public Education   ...................................                    5-34


                            References   ...........................................                         5-35










                                                            CHAPTER 5

                   MANAGEMENT NEEAsum FOR MARINAS AND RECREATIONAL BOATING


                1.      INTRODUCTION

                Properly designed and operated marinas can reduce impacts to the marine environment, as well
                as beitefit the boating public. Many NPS impacts of boats can more easily be prevented and
                contained at the centralized site a marina provides, thari at individual docks and moorings.
                Denying opportunities for marina development does not necessarily prevent NPS impacts.
                Ensuring the best possible siting for marinas, as well as best available design and construction
                practices and ensuring appropriate marina and boating operations and maintenance procedures
                can greatly reduce NPS pollution from marinas.

                Ile management measures or systems of best management practices described in this chapter
                are designed to reduce NPS pollution from marinas and recreational boating. Effective
                implementation will:

                        0      Prevent the introduction of nonpoint source pollutants (or impacts) at the source
                              .and/or,

                       0       Reduce the delivery of pollutants from the source to water resources.

                This chapter speffm the management measures (in Sections M.B., W.B., and V.B.) that
                represent the best system of prwtices available to prevent NPS pollution from marmas and
                zecreational boating or reduce NPS pollutant delivery from these sources to coastal waters. Ile
                              Measures am grouped in three categories: siting (III.B.), design (W.B.), and
                operation and maintenance (VA). For each of these three categories, following the
                             measures, the guidance provides information on a variety of practi= dw may be
                used as tools to accomplish.the mana F-1- it measures. An attempt is also made to identify
                effectivwess of these meas;um, or pezfor i W goals that can, be achieved by these measures.
                                                            !@au
                Comments are welcome on the composition, effectiveness and cost of these Management
                measures.


                It is expected that each coastal State's decision on              n of these managem        measures
                will be based on the                   S=W developed as part of          its vision for the future.
                Pollution prevention should be at the fore of any such strategy. Hence, while flexibility is a
                keystone we expect *that all States will need a process for State or local-level review/
                             of environmental impacts from marinas and recreational boating.

                A site selection process based upon a clear understanding of potential water quality impacts is
                the most important factor for avoidance of NPS pollution from marina development and
                operation. Determination of potential water quality impacts as part of the marina siting process
                can avoid NPS pollution impacts and degradation of the water body, also protecting designated
                uses.








                    A. Nonpoint Source Pollution Impacts from Ma as and Associ ted Boating Activities

                    Nonpoint pollution from marinas and recreational boating activides may result in detectable
                    adverse environmental effects to nearby water column and benthic resources. Theseimpactscan
                    be caused by physical and chemical disturbances. A few important examples of these impacts
                    include:

                            0      Toxicity in the water column, both lethW and sublethal, related to decreased
                                   levels of dissolved oxygen and elevated levels of metals and petroleum
                                   hydrocarbons,

                            0      Increased levels of metals and organic chemicals in the tissues of organisms such
                                   as algae, oysters, mussels or other filter feeders,

                            0      increased levels of pollutants in sediments resulting in toxicity or avoidance of the
                                   area by benthic organisms,

                            0      Levels of pathogen indicators that result.in shellfish bed or swimming area
                                   closure,

                           0       Disruption of the bottom during dredging and positioning of pilings may destroy
                                   habitat, resuspend bottom sediment (resulting in the re-introduction of toxic
                                   substances into the water column), and increase turbidity which affects the
                                   photosynthetic activity of algae and estuarine vegetation, and

                           0       Shoaling, and shoreline and shallow area erosion due to bulkheading, motorboat
                                   wake, or changes in circulation.

                                 of the nearby biological community and sediment should also be considered during
                   the, PrOOM of assessing N1!S pollution impacft from marim development and opemdon. (EPA
                   is developing methods for assessing nsks associated with toxic substances in sediments and
                                 bioassays to a= chronic effects and         .   .          n resulting from sediment
                   conmmination. Guidance for the development of biolo i ': and wildlife criteria are also being
                   developed by EPA.) Following is a U of specific pollutants and measures of pollution, as well
                   as affected communities duV should be considered in siting a manna:

                           (1)     Chemical
                                   (a)    dissolved oxygen (DO)
                                   (b)    nutrients (nitrogen and phosphorus)
                                   (c)    pathogens (coliform as indicator)
                                   (d)    metals (cMm, lead, tin)
                                   (e)    petroleum hydrocarbons
                                   (f)    total suspended solids


                                                                    5-2









                                       biochemical oxygen demand (BOD)
                                @g

                        (2)     Biological
                                (a)    endangered species
                                (b)    bird rookeries
                                (c)    benthos
                                (d)    fish, shellfish and corals
                                (e)    submerged aquatic vegetation
                                (f)    wetlands

                        (3)     Sediments
                                (a)    contaminated sediments (criteria under development)
                                (b)    turbidity


                B. Soumes of NPS 1mga

                Some sources at marinas are point sources. These include sewage discharges, both from
                and from boats, and stormwater discharges. In addition, an entire manna may be potentially
                be required to apply for and receive permits under the NPDES stormwater permit program. to
                the extent they are required 'to do so, they are not covered by the coastal nonpoint source
                pollution control program. However, many marinas are not currently required to apply for and
                receive NPDES permits. The nonpoint. source pollution control program and these      management
                measures guidelines are applicable to these marinas. Similarly, some aspects of         dredging
                may be subject to the section 404 permits for the discharge of dredge and fill material. This
                guidance is not applicable tD dredging subject to section 404 permit requirements. There are
                essentially three source categories of manna and boating operations that may cause nonpoint
                pollution:

                       (1)     Marina C"istruction

                       (-2)    Marina and boat cpwation,.irtpair, and           Ln

                       (3)     Dredging and dredge disposal

                The most important step in controlling the impacts of these source categories is appropriate
                marina siting. Marinas should be sited adjacent to deep waters, in locations where flushing is
                adequate to avoid shmling and                 problems, and where effects on important habitat
                are minimized.

                Runoff from marina construction activities is simila to that of any t)W of urban development.
                (See discussion under appropriate chapter for              measures.) Installment of pilings can
                cause considerable turbidity (as well as possible contaminant resuspension), impairing


                                                              5-3








                      photosynthesis ;md harming benthos. Dredging        during construction has essentially the same
                      effects as dredging for maintenance, as discussed below.

                      Day-to-day marina operation can be a source of stormwater runoff from impervious         i surfaces,
                      including car parking lots and buildings and sanitary and greywater disposal on land (e.g.,
                      poorly functioning or overloaded septic systems in sandy coastal soils). Contarriinants from
                      land-side boat maintenance projects, including hull scraping, sanding, welding, painting and
                      varnishing can be carried -in stormwater runoff or by air.

                      Boat maintenance that occurs in the water will be a direct source of contaminants (as described
                      above). Chemicals, such as chromated copper arsenic-, copper- and tributyltin-based antifouling
                      paints used to protect boats and wooden docks from destruction and fouling, may leach heavy
                      metals directly into surrounding waters. Debris, lost or thrown overboard is another problem
                      area.


                      Concerns related to boat operation include fueling operations, bilge water discharge, accidental
                      fuel or oil spills, propwash within channels (causing turbidity and resuspension of possible
                      contaminated sediments) and shordlitte erosion due to motorboat wake. Disposal of sanitary
                      wastes, both legal and illegal (both from boats fitted with marine sanitation devices (MSDs) and
                      those without), and discharge of greywater are other sources.

                      Another category of NPS pollution from marinas is dredging. For the purposes of this chapter,
                      only the dredging within the marina itself and dredging to ensure access from the marina to the
                      channel is discussed.

                      Dredging dishirbs bottom'habitat commuddes temporarily, increases turbidity (possibly
                      disrupting photosynthetic activity), and may resuspend contaminated sediments. Disposal of
                      dredged material in shallow water or in wetlands may smod= habitat, contaminate sites and
                      increase turbidity.

                      Some of the most visible controversy associated with recreational boating deals with the disposal
                      of sanitary wastes. As a source of fiesh pathogen pdUution, untreated sewage discharges from
                      boats have a greater potential fbr the presence and survival of disease-causmg organisms than
                      do discharges from treated municipal sewage sources. However, boats are considered point
                      sources under the CWA, and sewage discharges from boats are regulated under section 312 of
                      the CWA.

                      C. Federal EtQgcm that ARWIE toMarinas and Recreational Boating

                      Ile siting and permitting process winch marinas am subject to vanes from State to State. State
                      and Federal agencies both play a role in this process. Boats are not required to be equipped
                      with a MSD. However, if a boat does have a MSD, the MSD has to meet certain standards.
                      Section 312 of the CWA required EPA to develop standards for MSD discharges to prevent the
                      discharge of untreated or inadequately treated sewage into or upon the navigable waters of the


                                                                    5-4








                U.S. from new and existing vessels. To meet those standards, the CWA required die Ccast
                Guard to promulgate regulations governing design, construction, installation, and use of YISDs.
                Management measures to address regulated MSDs will not be a part of this chapter, since they
                are already regulated under the CWA. However        , sanitary wastes will be included in regard to
                siting and design of madnas. In addition to EPA standards for MSDs, EPA may allow a State
                to prohibit all discharges (treated or untreated) from marine toilets, thus declaring the area a "No
                Discharge Zone." Any State may petition the EPA Administrator for a "No Discharge Zone"
                to be designated in some or all of. the waters of the state. However, EPA must ensure these
                waters meet certain tests before considering granting the petition.

                .Under Section 10 of the Rivers and Harbors Act of 1899, the Army Corps@ of Engineers (COE)
                regulates all work -and structures in navigable waters of the United States. Under Section 404
                of the CWA, COE permits are - issued - or denied, .-to regulate discharges of dredged or fill
                materials in navigable waters of the United States including wetlands.. Guidelines which the
                COE applies in evaluating disposal sites for dredged or fill material are developed by EPA. The
                expressed goal of the 404 program is to prow water quality, aquatic resources and wetlands.

                The Food an  dDrug Administration has established fecal coliform standards for certified shellfish
                growmg waters. Shellfish cannot be harvested in waters wJith fecal coliform counts of 14/100
                ml or higher. Each coastal State regulates its own shellfish sanitation program under the
                voluntary National Shellfish Sarutation Program. States must participate if they wish to export
                shellfish across State lines. Various approaches are used to comply.

                D. State ProgrM

                Some States issue Separate dredge and fill, marshlai4s or wetlands permits for marm2
                developments, while other -States review Federal permit applications and do not issue State
                permits. All States with Federally approved coastal programs have the authority to object to
                Section IO/Section 404 permits if the proposed action is inconsistent with the State's Coastal
                zone                  Program. Some States require permits for the use - of State water
                       Iarids All States have authority under the Clean Water Act to issue Section 401 water
                quality %=Lufications for Pedemlly permitted actions as part of their water quality standards
                program.

                Some States also have a State coastal zone    management permit providing them authority over
                development activities in areas located within their defined coastal zone. Alternatively, or in
                addition to this pwrnitting authonty, some States have regulatory planning authority in given
                areas of the coast, allowing them to affect the siting of marinas,, if not their actual design and
                rnnstruction.

                E. ManagmMA Measures

                Control of NPS pollution from marinas and recreational boating requires the                      and
                             of many                 measures: siting and design considerations,

                                                                5-5









                      of operation and maintenance plans, and public education. Management measures for marinas
                      and recreational boating are organized under the following activities:

                              *      Siting,

                              *      Design, and

                              *      Operation and maintenance.

                      As with all other management measures in this guidance, there may be more than one way to
                      achieve the same or better pollutant reduction than achieved with the specified management
                      measure. Approaches that equal or exceed the performance of the specified management
                      measures, without resulting in harmful side effects, are for purposes of this guidance considered
                      as alternative management measures.

                      F. Applicability of Management Measures

                      These management measures are applicable to:

                              *      Any commercial facility which contains five or more slips, or any facility where
                                     a boat for hire is docked, or a boat maintenance/repair yard that is on or adjacent
                                     to the water.


                              *      Any residential or planned community marina with ten or more slips.

                              *      Public or commercial boat ramps.

                              *      Any mooring field where 10 or more boats are anchored an a regular basis.

                              *      Any Federal, State, or local facility that involves docking of five or more boats
                                     or involves boat maintenance/repair that is on or adjacent to the water.

                    States may wish to apply these measures to other situations as well.

                    II. MANAGEMENT MEASURES FOR MARINA SITING

                    A. Environmental Concerns

                    The marina siting Management Measures, listed in Section B below, are designed to address the
                    following water quality concerns.

                    Maintaining water quality within a marina basin depends primarily on how readily the marina
                    renews its waters, a process aptly known as "flushing." If a marina is not properly flushed,
                    pollutants will concentrate to unacceptable levels resulting in impacts to biological resources.


                                                                    5-6
 







                 Methods approved for analyzing the flushing potential of a marina are discussed under the EZ,-r
                 Quality Assessment section of this chapter.

                 As discussed in more detail in another chapter'of this guidance, wetlands perform many vital
                 functions, such as serving as highly productive nursery area for aquatic and terrestrial
                 organisms, providing nutrients, reducing flood damages, and maintaining water quality by
                 wapping sediment and filtering pollutants. 17here is a significant possibility that NPS pollution
                 from marinas could result in loss of are values.

                 Marinas are commonly located in biologically productive area that are sensitive to disturbances.
                 The popularity of shellfish malm them significant commercial and r=eational resources.
                 Submerged aquatic vegetation (SAV) are important because of the shelter which they provide
                 to aquatic organisms, the food source which. they. provide,to waterfowl, and their nattiral filtering
                 capability to remove suspended solids and disperse wave energy. Benthic resources should be
                 protected because they are important in the food chain, they are also valuable as commercial and
                 recreational food sources. Critical habitats are area which are essential for maintaining wildlife,
                 particularly for winter survival and breeding, and as nesting areas for migrating species. Highly
                 productive primary nursery areas for aquatic organisms (e-g., fish, or crustaceans) should also
                 be considered critical habitats. Mum-related dredging may impact shellfish beds, SAVs, or
                 other benthic resources and habitats directly through construction activities or indirectly through
                 increased turbidity and sediment deposition.                  of sediments by boats also may affect
                 biological resources adversely.

                 B. Managment Mmmres

                 Ibis section conbLins; the              t measures to be applied in the siting of mariant:

                         (1)    Site marina such that tides and currents are adequate to flush the site, or renew
                                its water regularly. Marina construction should only be allowed in areas where
                                a water quality assessment reveals that standards will . not- be violated and
                                biological resources dependent upon dean water will not be degraded.

                                                                                  !.1
                         (2)    Site marms adjacent to deep water to avoid or'milnlinui dredging needed. 'ne
                                am to be dredged should be, the minimum needed for the marina itself, including
                                the dodidng mm, hirways, and channels, and for other maneuvering a=' diat
                                arr. needed. In no cam should die bottom of the marina'be deeper than the
                                adjacent open water. During dredging operations, turbidity should be minimized
                                dirough the proper placement of silt screens or turbidity curtains.

                         (3)    Site marinas near currently permitted public area for disposal of dredged
                                materials.

                         (4)    Sim marinas away from wetlands, shellfish resources, submerged aquatic
                                vegetation, and critical habitat amt.


                                                                  S-7








                           (5)    Lozate, piers such that shading of submerged aquatic vegetation is minimized.

                           (6)    Site marinas such that they have easy access to roads, utilities, public sewers
                                  (where available), and water lines, to avoid NP$ impacts associated with
                                  developing these services.

                           (7)    Site marinas away from surface or ground water that is used for water supply.

                   C. Marina Siting Practices

                   1"his section provides technical guidance on practices that may be used as tools to assist in the
                                   Of the        CM t measures set forth in Section M.'B. above.

                           1. Water QuaUn

                   To aid in the              n as to whether a site is appropriate for marina construction, a R=
                   gAdily assessmen of the proposed project is recommended. Also, the cumulative impacts of
                   proposed new and existing development projects should be considered. For instance, if a group
                   of small marinas were proposed in one area, whether by design or by chance, the impact of the
                            W= together should be examined. 1"herefore, even if any one of the projects would
                   cause negligible impacts on water quality, one or more projects may be precluded based on the
                   cumulative impacts. Alternately, each marina developer may be required to modify their project
                   so that the cumulative impacts of all. the projects can be made acceptable. In any event, based
                   on the ecological sensitivity of the proposed site, a watet quahty monitoring plan may be
                   required for the periods of time prior to, during, and after construction.

                   A water quality assessment should include aWropriate modeling, monitoring, and data analysis
                   to determine the proposed marina s impact on:

                          (1)    Fecal coliform rn                (to indicate potential impacts due, to mim-obial
                                 pathogens),

                          (2)    Dissolved oxygen concmaidons, and

                          (3)    Other parameters,, if there is a concern that. the water quality standards for those
                                 parAmeters may be violated.

                   Examples of other M= of parameters which could be of concern include:

                          0      Various polycyclic aromatic hydrocarbons (derived from petroleum products) -
                                 Other toxic organics (i.e. PCBs, benzene, various solvents, etc.)

                          0      Heavy metals such as chromium, copper, cadmium, mercury, lead, nickel, and
                                 Zinc, and


                                                                  5-8









                               Nutrients. (i.e. nitrogen and phosphorus).

                Ile,discussion below provides guidance in assuring adequate flushing, compliance with water
                quality standards, and protection of shellfish harvest areas. The water quality assessment may
                be divided into a two tiers, as follows:

                Tier I - If screening methods are determined to be appropriate for the system being investigated,
                the initial screening methods described in this guidance can be used. Screening methods are
                acceptable provided that they are appropriate for the system Lnd they do not predict water quality
                problems.

                Tiler 2 - If screening-level analysis predicts water quality   problems, then additional, more
                detailed, investigations of water quality impacts-should. be performed.

                A valid water quality assessment should include, at a minimum, appropriate modeling,
                monitoring, and data analysis to determine:

                        9      Ite flushing characteristics of the proposed marina.

                        0      Ihe spatial extent of the shellfish harvest closure zone resulting from presumed
                               or actual pathogen

                        0      If the -24-hour average.dissolved oxygen concentration and the one-hour (or
                               instantaneous) minimum dissolved oxygen concentration both inside the manna
                               and in adjacent ambient waters would violate state water quality standards. (rhe
                               national . recommended water quality criteria are dependent upon water


                For each of the items described above, the analyses should be conducted based on the following
                conditions:

                        (1)    Average ambient water temperature and saHnity for the critical season of marina
                               opel'ation. The crMcal season is defined as the season winch has the highest
                               potential for adverse water quality impacts.

                        (2)    For tidally influenced sites, the average tidal conditions Ono and low tide
                               devations, tide range, and current veloddes) for the critical season of
                               Operation-

                        (3)    Sediment Oxygen Demand (SOD) rates of at least 2.0 gm/sq mid at 20 degrees
                               C. SOD varies fioni.area to area. 7he default value should be used unless it can
                               be               that another value is more appropriate. Ibis base rate should be
                               adjusted to the             of the analysis based on the following formula-.


                                                               5-9








                                          SOD-r     SOD2,o (1.065)(-- 20)

                                  Where,

                                          SOD2o      SOD at 200 Celsius
                                          SODT      SOD at temperature of analysis
                                          T = Temperature in degrees Celsius

                           (4)    Seasonal average background BOD5 and BOD2o concentrations of the adjacent
                                  ambient waters.

                           (5)    Seasonal 24-hour average background dissolved oxygen concentrations of the
                                  adjacent ambient water.

                           (6)    A typical instantaneous minimum and maximum dissolved oxygen concentration
                                  determined by continuous dissolved oxygen, temperature, and possibly salinity
                                  monitoring of the adjacent waters at the site.         The monitoring should be
                                  conducted during the season of interest. Temperatures should approximate the
                                  average critical season temperature identified in 1) above.

                           (7).   Additional or alternative conditions may be required or approved if there is
                                  documented evidence that the additions or alternatives are appropriate.

                           a. Flushing of marina sites

                  The method chosen to estimate expected flushing from a marina site depends upon the
                  bydrogrAphic                  of the location. Marinas artficipated. to be located within a confined
                  arm with one or two relatively narrow openings would have flushing characwMcs considerably
                           it ftom marina lowed direcdy on larger bays or estuaries or along river shorelines.
                  Two openings may improve flushing in                      marina basins.

                  ]Flushing time within a seini-enclosed area can be estimated using simplified dilution calculations.
                  Mw pu;m@s required for the estimation are:

                           ï¿½      Average marina depth at low and high tide following completion of dredging,
                                  based upon the representative tidal range of the area,

                           ï¿½      Volume of non-ticW fivsfiwater inflow into the marina,

                           ï¿½      Surface area of the marina, and

                           ï¿½      7be pementage of discharged water returning to the basin on the following tidal
                                  cycle.



                                                                  5-10








                    The flushing time of a semi-enclosed marina can be approximated by the fol1lowing equation:

                                                    TjzgD
                                   Tf
                                                 AL + BAR - IT,
                                            Log
                                                      AH

                            where:         Tt = Time of flushing (hours)
                                           T, = Tidal cycle, high tide to high tide (hours)
                                           A = Surface area of marina (m@
                                           D = Desired dilution &ctor
                                           R = Range of tide (m)
                                           b     Return flow factor (dimensionless)
                                           I     Non-tidal freshwater inflow (m3/hour)
                                           L     Average depth at low tide (m)
                                           H      Average depth at high tide (m)

                    The parameter "b* represents the percentage of the tidal prism ("AR" in Equation 1) that was
                    previously flushed from the marina on the outgoing tide; has returned on the subsequent
                    incoming tide; and is expressed as a decimal firaction. For example, if a river had a relatively
                    low flow rate, water discharged from a marina at the completion of one tidal cycle may still
                    awt in proximity to the marma inlet and portions may flow back into the manna on the
                    incoming tide. This water mass portion would not be considered as aiding flushing for water
                    quPlity

                    .Non-tidal freshwater inflow from runoff or stream discharge into the manna basm. can be
                    estimated using hydrologic techniques. If -rr.- is much less than "AL + BAP.,'m this component
                    -of the equation can be ignored. Estimating the flushing time of a marina may be dependent upon
                    several fimtors. Additional information on estimating flushing time can be found in the Coastal
                    Marinas Assessment                (EPA, 1985) or Draft Final R6W on Marina'W-ater QUAft
                    Model (Morton, M. and Moustda, Z., 1991). Many, characteristics of the marina site,
                    including location relative to other water bodies, ambient waitler quality, biological activity, total
                    volume and cq=W marina activity, and type and volume of discharge, would all affect
                    flushing tim. For most cases a two to four day flushin time is satisfactory whik longer
                    flushing times could result in                buildup of toxic pollutants or decrease in dissolved
                    oxygen-


                          b. Shellfish harvest closure zones


                    Federal regulations administered by the Food and Drug Administration require that States
                    establish closure zones around.niarinas to protect the food supply from contaminated shellfish.
                    Good water quality is an absolute necessity in order to provide this protection. This is because
                    sheffish are filter feeding organisms and are therefore able to concentrate pollutants. Even if


                                                                   5-11








                    overlying waters coritain low levels of poll'utants, shellfish can assimilate and magnify both
                    biological and chemical contaminants.

                    Construction of a marina or docking facility may result in short term localized water quality
                    problems due to alteration of existing upland vegetation and changes in the area's watershed.
                    However, the long term effects of marina maintenance and operations cause the greatest concern.
                    hiarina operation may contribute pathogenic organisms as well as petroleum hydrocarbons and
                    heavy metals. The concentration of human activity in the area of a marina also poses a
                    particular water quality concern because of the potential problem of sewage disposal.

                    Fecal coliform bacteria are used as an indicator of the pathogenic organisms (viruses, bacteria,
                    and parasites) that may be present in sewage. Therefore, all water quality assessments for
                    water-based marina designs should identify and document potential fecal colifonn loadings and
                    the shellfish closure zones that would result from those estimated loadings (see Figure 5-1).

                    The shellfish harvest closure zone for the proposed project should be determined based upon a
                    water quality standard for fecal coliform. of 14 organisms M?N (most probable number) per 100
                    miffili   of water. Once the closure zone has been determined, it should be determined if the
                    shellfish closure zone would result in any impact to existing shellfish harvest areas. If the
                    closure zone intersects productive shellfish areas that are approved for shellfish harvesting,
                    development of the marina should not be allowed as planned.

                           c. Dissolved               @entrations

                    All water quality         ments should addres     the potential for violations of water quality
                    standards for dissolved *oxygen                  In most States' waters, a standard exists for the
                    24-hour average concenwatm and an histantaneous minimurn concentration. The assessment
                    must present reasonable estimates of these concentrations for the planned marina and adjacent
                    waters. Ihe estimates should be based on monitoring or modeling, depending, on the nature of
                    the    i
                    Ite water quality assessment should be based on marina location and configuration. The first
                    and most basic distinction made is dmt of open versus semi-enclosed marmas (marinas located
                    within an embayment which effectively partitions the manna from the open ambient waters).
                    Within the semi-enclosed manna category, hirther distinctions are made for existing versus
                    proposed embayments, and whether the waters at the site are completely mixed or vertically
                    stratified due to temperature and salinity gradients.

                          i. Tler 1 assessments: open marinas

                    blarinas are considered to be open if they -are located along an existing shoreline and have no
                    man-made or natural barriers which tend to restrict the exchange of water between ambient water
                    and water withm the manna area. These marinas generally consist of a number of piers or
                    docks winch extend from the shoreline (Figure 5-2). The water quality assessment for dissolved


                                                                  5-12










                                                                              -I-IIGI-l TIDE




            c                                                                 -LOW TIDE

            irn


                                                                            --,-BOTTOM

          > ;u                                     IIt
          tA rq
          (A -0
          0 ;o                                           MARINA
          0 rln
            tA
          >
          r4 Z
            >                                                                 A   SURFAC
          t A
          x
          rn
          r
            c::

          CA
          fr >
            z
            0
          X co

            tA
          (A Z

          0                  DIST - SHELLFISH: HARVEST
          r- >
          o Lo                      CLOSURE DISTANCE
          (A Z                                                              BAY
          C >
          ;u
          rn

          N
          0
          z
          rn




















                         Ambient
                         Water


















                                 E3dsdng or Proposed Open Marine








                                                                   Shoreline
                                                                   Potential Monitoring Sites




                           Figure 6*-1-411ustratlon of Open Marinas
                                       and Potential Monitoring Sites

                                                5-14








                 oxygen should rely on actual monitoring of dissolved oxyger, concentrations within th.- proposed
                         area. The monitoring should b   'e representative of conditions which wili be most critical
                 in terms of meeting dissolved oxygen standards. These conditions generally occur during
                 periods of high water temperature and low freshwater flow. In tidal areas, the monitoring
                 should occur during average or neap tide conditions since mixing will be restricted during these
                 periods. Occurrences of algal blooms or other conditions may influence. when the critical
                 condition occurs for a particular site.

                 A minimum of two days of dissolved oxygen monitoring should be collected. The monitoring
                 should be conducted at no less thaii two-hour intervals and should include dissolved oxygen
                 concentration,, temperature, and salinity (if in estuarine or marine waters). The site or sites
                 selected should be representative of the range of conditions found within the marina area. If
                 the water column is stratified at the site, samples should be collected near the bottom, middle
                 and surface of the water column. From the data collected, the twenty-four hour average,
                 maximum, and minimum dissolved oxygen concentrations should be reported and compared to
                 water quality standards to assess the potential for violations.

                         I I`ier I assessments: semi-enclosed marinas

                 AlArillas are considered to be semi-enclosed if they are located in a natural or man-made
                 embayment winch limits the mixing of waters.in the manna area with ambient waters (Figure
                 5-3). The water quality within the embayments may differ significantly from the water quality
                 of adjacent ambient waters. In cases Mw these, a combination of monitoring and modeling may
                 be needed to estimate dissolved oxygen concentrations. If the embayment for the marina exists,
                 the analysis may rely primarily on monitoring similar to that discussed for open marinas. if the
                 embayment does not exist, a                 of monitoring and modeling may be. necessary.

                        Hi. Ma I assessments: existing embayments

                        ---end-
                 For . 0 1          manhas m which the embayment currently exists and no changes are proposed
                 that would change the hydrodynamics of the embay=4 the analysis may be limited to. diel
                 Monitoring of dissolved oxygen                     during the,qitical period. Ihe monitoring
                 guidance provided for the open mannas applies. Modeling may be required if additional
                 loadings of oxygen demanding substances are Mmly to be introduced during the operation or
                 r n listruction of the marina. 71ie models discussed below in the Proposed Ernbayments, section
                 would be applicable.

                        iv. Ila I assessments: proposed embayments

                 For semi-enclosed marinas winch have not yet been excavated, or for which changes have been
                 pi posed that would affect the hydrodynamics of the embayment, the water quality sm-ses men
                 should rely on monitoring and the application of appropriate models to predict dissolved oxygen
                 concentrations. The dissolved oxygen screening procedures will serve as an initial assessment
                 to determine if dissolved oxygen water quality standards are likely to be. violated. If problems


                                                                5-15






                                        Ambiefit                                      Ambent
                        77",            Water
                                                                                      Water





                                                         (D








                      Tributary


                                                       Complex or
                    Symetrical Rectangular Basin       Compartmented Marina



                                          Ambient
                                           Water



                                                                   Shoreline
                                                                   Potential Monitoring Sites



                Tributary







                    Elongated Basin
                      T





















                          Figure 5-3 -Illustration of Enclosed Marinas
                                      and Potential Monitoring Sites


                                                  5-16








                 are indicated at the screening level, more detailed procedures may be applied to examine
                 dissolved oxygen concentrations (see Figure 5-4).

                 The presence of salinity, dissolved oxygen or temperature gradients that result in stratiffication
                 (as discussed in'the open marina monitoring section) will require detailed procedures. The
                 screening procedures for dissolved oxygen concentrations for proposed marinas located in
                 semi-enclosed erntayments should be based on a combination of dissolved oxygen monitoring
                 coupled with the application of a steady state, tidally averaged water quality model and a
                 flushing model. The monitoring guidance provided in the Open Marina section, above, should
                 serve as the basis for the screening procedure. In addition, the average tide range and high and
                 low water depths of the adjacent ambient waters, as well as the proposed marina, should be
                 required to implement the screening models. Flow rates (seven day, ten year low), BOD, and
                 dissolved oxygen concentrations of tributaries-that -will- enter -the proposed basin should also be
                 provided or monitored. Additional monitoring may be necessary in areas where there is
                 significant algal productivity, or in cases where detailed models are applied. Typical sampling
                 sites for enclosed marinas are illustrated in Figure 5-3.

                 The screening level assessment of the minimum dissolved oxygen concentration should be based
                 on the average dissolved oxygen concentration for the proposed basin as calculated above, and
                 on the deviation between the average and minimum dissolved oxygen concentration measured
                 in the ambient waters.

                       v. Mier 2 s,            : detailed procedures

                 Detailed procedures for dissolved oxygen analyses are recommended for proposed marims am
                 are not expected to be completely mW-A due to                 within the water column or due to
                 the              of the marina basin. For example, proposed marina basin that are significantly
                 elongated or segmented will prevent thorough mixing and will require detailed modeling.
                 Detailed procedures my also be necessary to evaluate potential problems indicated by the
                 screening level analysis. The detailed procedures used will be dependent on the specific site and
                 model being considered.

                 As with the screening-kvd analysis, the detaRed analysis should include a                        Of
                 monitoring and modeling.       The model selected for the detailed analysis should . have
                       Oated               in predicting avenge and minimum dissolved oxygen concentrations
                 for systems that are similar to the marinabasm configuration being proposed. The most
                 available and acMted model with these abilities is the WASP model, winch was developed and
                 is supported by EPA.. In most situations it will be the model of choice. The monitoring
                 required to support a detailed model will vary with the model and the specific site. Sufficient
                 data should be coUected to calibrate the hydrodynamic and water quality components of each
                 model for the specific site.






                                                               5-17






                            At preapplication meeting determine whether screening
                            level model is appropriate, or provide guidance to
                            appliCanL regarding what information must be collected
                            to make this determination.





                a
                                            If necessary, applicant
                                            gathers information and reports





                    Screening level IS appropriate                Screening level IS NOT appropria e




                            Use screening procedures            Use detailed procedures





                                       Results Shaw              Results show
                                       water quality             water quality
                                       violation                violation



                                   Applicant re-                 Applicant re-
                                   evaluates likeli-             evaLuates likeli-
                                   hood of success               hood of success




              Results,show NO                                                         Results Shaw NO
              water quality                                                           water quality
              violation                                                               violation


                                   Applicant re-
                                   designs project

                   OKI                                                                       OK
                include an                                 Applicant abandons           i elude as
              part of water                                project                    part of water
                 quality                                                                 quality
               assessment                                                              assessment









     Le
                                                                                             or
                                                                                        include 'as
                                                                                       -art of water
                                                                                           uali
                                                                                   <p @q
                                                                                        assessm ty
                                                                                              ent








                      Figure 6-q, Flow Chart for Water Quality Assessments Requiring
                                 Modeling Analysis

                                                 5-18








                         d. Dbuar Pa=ews

                  Other paraineters need only be investigated if there is a conccrn about the potential for violation
                  of Water quality standards.

                         2. Wetlands

                  7be despoliation and destruction of public and private wetlands during marina construction and
                  operation should be avoided. Further discussion on wetlands can be found in another chapter
                  of this guidance.

                         3. Submerged Aquatic Vegetation

                  Ile net loss of submerged aquatic vegetation (SAV) should not be allowed. In no case should
                  highly productive SAV be adversely impacted. If a marina is sited in the proximity of SAV,
                  any related disturbance of these SAV areas should require compensation measures. Before such
                  measures are approved it should be determined that substantial, prudent, and reasonable
                   .':Lsures have been ta]= to avoid the impacts. Since this land of vegetation cannot survive
                  when heavily shaded, shading of SAV by piers crossing over them should be avoided.

                         4. Benthic Resourc

                  7be benthic community at the marina site should be evaluated using rapid
                  techniques (EPA,, 1989; Luckenbach, Diaz and Schaffher, 1989). Benthic areas that are found
                  to have degraded benthic commumfies should be considered for manna siting over those area
                  that are found to be healthy and productive. It is rooommended that each state should develop
                  rapid bioassessment techmques and criteria appropriate to their bioregions.

                        5. Ciffical Hab

                  Marinas should not be sited in proidmity to such areas if the project would adversely affect
                  naftral populations. A buffer zone should be established around critical habitats located near
                  the prqecL The size of this zone should be decided on a case-and species-basis. No general
                  or specific guidance regarding the extent of these buffer zones can be given because of the wide
                  variation in requirements between

                        6. Dredgigg and Dredged Material D

                  Ideally, marina should be located where dredging will not be necessary to allow safe navigation.
                  In many locations, unf"Mately, this is slot possible. 7berefore, marinas should be sited at
                  locations that require the least amount of dredging for the draft of the boats that will use that
                  marins, - In scme cases, the draft may have to be limited to avoid or to minimize the amount of
                  dredging. The -area to be dredged should be the minimum needed for the marina itself, including
                  the docidng area , fairways, and canals, and for other maneuvering areas that are needed. In


                                                                5-19








                  no ca should the bottom of the rnarinz be deeper dw- the adjacentoper, water. Marinas should
                  not be built in sites that will require. maintenance dredging more frequen tly than once every four
                  years-

                  Previous sections of this guidebook have described natural resources which may be impacted by
                  the construction and operation of a marina. Dredging to construct or maintain a marina can
                  result in losses of these resources and/or adverse impacts to nearby resources because of the
                  turbidity associated with dredging. In addition, because certain times of the year are more
                  critical than others due to migration, spawning and early development of important species,
                  dredging should not occur at all at such times.

                  During dredging operations, any project-related turbidity should be contained, thus minimizing
                  adverse impacts to the surrounding habitat and avoiding possible violations of water quality
                  standards. Proper placement of silt screens or turbidity curtains is a common and relatively
                  effective method of containment. Marinas should not be built in sites that will require
                  maintenance dredging more frequently than once every four years.

                  Whenever dredged material may be contaminated, disposal in an upland diked containment area
                  is the preferred disposal method. Wherever feasible, applicants should use existing diked
                  disposal areas. Diked disposal area must be sized and designed to prevent resuspension or
                  erosion of the dredged material and subsequent transport back into adjacent waters. They must
                  also be sited to avoid ground water contamination.

                  Another disposal option, available only for clean, uncontaminated fill, is placement on or near
                  shofe, when it is desirable to enhance beach profiles, stabilize shorelines, and/or build or
                  enhance wetlands.

                  Dredging in waters of the United States is regulated by the       Army Corp of Engineers, as
                  discu    earli in the introduction. This guidance on dredging and dredge disposal is provided
                  so that prospective -manna owners have an indication as to what they may expect from efforts
                  toxite a

                        7. Water SuRph

                  Marinas should be sited and designed to preclude any contammaon of surface water. or
                              that is used for water supply. Runoff from potential area of contamination, such
                  as maintenance areas should be treated, as described under the Stormwater Management Section
                  Of this section.

                  Upland basins should not be excavated *in areas upgradient or within 1000 feet of public or
                  private well fields, nor should excaration occur widun water supply protection area , or where
                  an increased threat of =line water eacmachment is lilmly. A danger exists that dredging may
                  improve die hydrologic "connection" between brackish water and the fresh water aquifer, which,
                  when coupled with a head loss from pumpage within the aquifer, may result in contamination


                                                                5-20








                  of die aquifer. A buffer of less thwn 1000 feet may bc used if it can be demonstrated that a
                  lesser distance will result in no adverse- impact on groundwater.

                  It should be demonstrated that there is an adequate water supply to serve all of their project
                  needs. As a rule of thumb, 30 gallons/sUp/day will be needed during peak usage periods.

                  D. Pollutant Reductions and C

                  Proper siting of marinas can completely avoid some of the NPS pollution impacts associated this
                  type of development. Direct impacts to shellfish area , wetlands, SAVs, and other benthic
                  resources and habitats can be averted. Water quality problems can be greatly reduced or
                  eliminated entirely through proper siting. 17he costs of identifying a good site for a marina and
                  preparing a water quality assessment will be dependent upon regional and local conditions. Past
                  efforts have varied from $2,000 to $16,000.

                  M. MANAGEMENT MEASURES FOR THE DESIGN OF MARINAS


                  A. Environmental Concerms


                  The management measures, fisted in Section B below, are designed to address the following
                  water.quality concerns.

                  Design                  'for the minimintion of NPS pollution associated with marinas should
                  include: shoreline stabilization, location of navigation channels, stormwater, dryboat storage,
                  boat maintenance areas, fueling areas, and control -of spills. Improper shoreline d esign can
                  result in erosion or degradation of habitaL Placement and design of navigation channels is a
                  major hcw in Rushing and resulting water quality. Boat main              ce activities that can result
                  in NPS pollution include.-

                         0      Pa *nting and paint xemova4

                         0      Welding, brazing, soldering, and metal cutting,

                         0      Woodworldng,

                         0      Engine repair and scryke,

                         0      Servicing 1.20 and CNG systems, and

                         0      Boat washing and. hull cleaning.

                R2inh" runoff from streas where these activities occur becomes polluted -with oils, greases,
                .organic and inorganic wastes, and other potentially harnifid substances. Introduction of these
                substances into adjacent waters can have significant adverse water quality impacts.


                                                                  5-21







                  Marina fueling systems typically consist of storage tanks (usually underground) and punips on
                  shore, with fuel meters and dispensers mounted on a fuei pier or dock. Areas whcre boats are
                  ffueled are subject to contamination from petroleum hydrocarbons from leaks and spills.

                  B.  AUnage-ment Measum

                  This section contains the management measures to be applied in the design of marinas:

                          (1)     Use natural vegetation to stabiliz-. shorelines wherever possible.

                          (2)     Navigation and access channels should be located in areas with safe and
                                  convenient access to waters of navigable depth, based on the kind of vessel
                                  expected to use the marina, but in no case exceeding the depth of adjoining
                                  channels and waters.

                          (3)     The first one-half inch of runoff from the entire marina property for a 10-year
                                  24-hour storm should be detained and released over a 24-hour period.

                          (4)     All stormwater          em      systems should be provided with a bypass or
                                  overflow system so that the peak discharge from a 10-year 24-hour storm will be
                                  safely conveyed to an. erosion and scour-protected storm water outfall.

                          (5)     Dry boat storage should be utilized over wet slips wherever feasible.

                          (6)     Boat               area should be designed so dw all                   activities dW
                                  are s          potential sources of pollution can be accomplished over dry land
                                  and under foofs (where practical), allowing fbr proper control of by-products,
                                  debris, residues, solvents, spills, and stormwatir runoff. All drains fim
                                    intenance areas should lead to a sump, holding tank, or pumpout 6gility from
                                  which the wastes can later be extracted for treatment and/or disposal. Drainage
                                  Of              areas directly into surface or ground water or wetlands should not
                                  be allowed.

                          (7)     Fueling stations generally should be located such that they are accessiMeby boat
                                  without entenng or passing through the mam berthing area in order to avoid
                                  collisions.

                          (8)     Marina operators should have a spill contingency plan and the proper equipment
                                  and training to implement the plan.

                 C. Marina Desigil Pfactices

                 7bis section provides technical guidance.on practices that may be used as tools to assist in the
                                  of the management measures set,forth in Section IVA above.


                                                                  5-22








                       1. ShoreflnC Projection gad BMAin- Desiep

               Natur -al vegetation should be used wherever feasible to stabilize shoreiines. However, when
               additional stabilization becomes necessary, sloping riprap revetments are preferred over vertical
               bulkheads, since they generally provide greater habitat and reduce wave reflections. Shoreline
               intertidal area should be preserved to the greatest extent possible.

               in instances where bulkheads are to be installed, they should be constructed in such a manner
               that they are effective against erosion and provide adequate bank stabilization. The potential for
               erosion and scour at the mudline should be evaluated. Bulkheads should be constructed to
               prevent losses of fine material through joints *or cracks from the land side to the water side,
               which could ultimately lead to failure of the wall. Bulkheads should be stabilized by providing
               adequate anchorage (such as batter piles or tie backs) or adequate embedment, depending on the
               type of bulkhead. Where public walkways, steps, or ramps run adjacent to bulkheads, handrails
               or other safety provisions should be provided along the top of the wall where the vertical drop
               to the current mean low water line or mud line exceeds three feet, unless local or State building
               codes stipulate otherwise. Any interference with public acces should be avoided.

               Basins that are constructed with square corners or other stagnant water area will tend to trap
               sediment and debris. If this debris is allowed to collect and settle to the bottom, an oxygen
               demaqd will be imposed on the water and water quahty will suffer. 17herefore, square corners
               should be avoided in critical down-wind or timib areas where this is most Uely to be a
               problem. If square comers are unavoidable because of other considerations, then points of
               access should be provided in those comers to allow for easy -clean out of accumulated debris.

               Riprap revetments are considered to be flexible dme they can accommodate minor consolidation
               and settlement of their'foundadons. Still, adequate provisions should be made to prevent
               migration and loss of fine material through the riprV, such as placement of a filter fabric
               beneath the armor layer. The slope of the ravetment shouldbe =fficiently fie to mamain
               sftbMV, but in no case should the dope be steeper than one vertical to 1.5 horizontal. in
               @Mtim, adequate toe proteedm shouM be provided to compensate for known or anticipated
               scour.


               Considerations for new                 are addressed in the urban section of this document.
               Control measures such as turbkHty curW=, vegetative barriers, etc. should be used to contain


                     2. NjWglfion and Access Mannels

               Channels should be located in area with safe and convenient acces to waters of navigable
               depth, based on the kind of vessels otpected to use the marina, but in no case exceeding the
               depths of adjoining channels and waters. 'S-afe and convenient' 2          should be determined
               on a case-by-case basis, taking into account such hctors as edsting water depths, distance to
               exbting cannI and their depths, and &W and wave actions. Before considering dredging,


                                                             5-23








                    should attempt to gain access to deeper water by extending docks arid piers farther ftom shore.
                    The maximum extent to which a pier should extend Linto the waterway should be determined by
                    each state and applied in a consistent manner (10 % of the width of the channel hasi been set in
                    some cases).    In some cases, rather than dredging (and possibly having to develop a
                    compensation plan), it may make more sense to simply limit the maximum boat drafts -in the
                    marina or utilize dingy access to moorings. Where channels are narrow, dry stacking of boats
                    should be considered.

                    Where dredging is unavoidable, natural or existing channels should be used to minimize the
                    amount of dredging. Also, naturally existing channels are less likely than surrounding shallow
                    areas to contain shellfish beds, submerged aquatic vegetation, or other resources which may
                    complicate permitting and require mitigation or compensation measures.

                           3. Wastewater Facilities

                    Three types of onshore collection systems are available: marina-wide systems, portablelmobile
                    systems, and dedicated slipside systems. Marina-wide collection systems include one or more
                    centrally located sewage pumpout stations. These stations are generally located at the end of a
                    pier, often on a fueling pier so that fueling and pumpout operations can be combined. Boats
                    requiring pumpout services dock at the pump-out station, a flexible hose is connected to the
                    wastewater fitting in the full of the boat, and pumps or a vacuum system move the wastewater
                    to an on-shore holding tank, a public sewer system, a private treatment facility, or other
                    approved disposal fiacility. In cases where, the boats in the manna use only small portable
                    (removable) toilets, a satisfactory disposal facility could be a toilet into which the portable
                    (removable) toilets can be dumped. Portabletmobile systems are similar to marina-wide systems
                    except that the pumpout stations are mobile. The mobile unit Includes a pump and a small
                    storage tanL The unit is connected to the dock fitting on the vessel, and wastewater is pumped
                    from the vessel's holding tank to the pumping unit's storage tanL When the storage tank is full,
                    its contents are discharged into one of the previously listed approved disposal facilities.
                    Dedicated slipside system provide continuous wastewater collection at a slip. Slipside pumpout
                    should be provided to live-aboard vessels. The remainder of the manna can still be served by
                    either mad a-wide or mobile pumpout systems.              !.11

                    Note that chemicals from holding tanks may retard the, normal functioning of septic systems.
                    Nather the chemicals nor the concentration of wastes has proven to be a significant problem for
                    properly operating public treatment plants provided there is adequate dilution between the marina
                    and the treatment planL In some cases, the effluent from the marina may have to be diluted
                    before introducing it to the sewer system.

                    Shoreside restroorn facilities for the use of. marina patrons should be required at all marinas.
                    Adequate restroorn facilities for any given manna are dependent upon the nature (recreational
                    or public, or residential or planned community) and size of the manna and its ancillary features.
                    Restroom fticilities should be conveniently located and well-maintained to encourage their use
                    by boaters at the marina. At residentw or planned community marinn public restrooms may


                                                                 5-24








                  not be required unless there are non-residents who routinely use the marmia who do not have
                  access to a private bathroom, or unless the convenient travel 6me from ffie slips ' to ffie
                  residences is longer than five minutes.

                  Marina operators should post ample signs prohibiting the discharge of sanitary wastewater,
                  dishwater, or greywater from boats into the waters of the State, including the marina basin, and
                  also explaining the availability of pumpout services and public restroom facilities. Signs should
                  also fully explain the procedures and rules governing the use of the pumpout facilities.

                         4. Stormwater Managgrnent

                  All stormwater management systems should be provided with a bypass or overflow system so
                  that the peak discharge from a 10-year 24-hour storm will be safely conveyed to an erosion and
                  scour-protected storm water outfall. All discharges shall be calculated using methods developed
                  by the U.S. Soil Conservation Service and described in either their Technical Release 20 or 55.

                  For new construction:

                         (1)    The first one-half inch of runoff from the entire marina property for a 10-year
                                24-hour storm should be detained and released over a 24-hour period. Runoff to
                                should be controlled with a weir that will direct the first one-half inch of runoff
                                to the are and bypass the rest to the receiving water body. This is known as
                                control of the first Bush and is important because this first one-half inch of runoff
                                has high concentratiocs of pollutants compared with the bulk of the remahung
                                runoff.

                         (2)    Use of                practices may also be an acceptable altexnanve. Paving
                                materials which allow for increased infiltration include permeable asphalt paving,
                                paving blocks, and,, in lighter use arm, coquina, gravel, oyster shells, or simila
                                surfaces. Such infiltration pracdces are acceptable only in area with appropriate
                                soils, slopes, and depths to ground water. A strict maintenance schedule should
                                be prepared and adhered to by the mad= operator. Porous asphalt should be
                                used only as a 1= resort and only after a regWar vacuuming schedule has been
                                approved. This is needed because porous pavements can quickly become
                                            le when dogged with small quantities of fines. Once they -have
                                become                  their storm runoff benefits are nullified.

                        (3)     Other treatment practices for storm runoff may be considered on a case-by- case
                                basis if they can achieve an equivalent removal efficiency of 80% of suspended
                                solids in addition to removal of other pollutants as needed.







                                                                 5-25








                             5. Dry Boat Sturai!e

                     Dr,                                                                   ts e         they are not in use,
                        y boat storage is the storage of boats on dry land (inside or ou id ) when
                     c)ften in muld-level vertical racks.using a forkfift truck or crane system. Dry storage of boats
                     drastically reduces the in-water requirements for structures, typically requiring only a few wet
                     staging slips for short term berthing Of vessels after being taken from storage for subsequent
                     boarding, and then upon their return before being placed back into storage. Dry storage should
                     be utilized over wet slips wherever feasible due to the reduced potential for adverse
                     envirof,mental impacts from NPS pollution.

                     Construction of dry storage buildings must confonn to all applicable requirements of municipal,
                     county, or State housing, electrical, plumbing, fire protection, and building codes. In the
                     absence of any such fire protection codes, fire protection procedures for dry storage area are
                     covered in the National Fire Protection Association (NFPA) 303, Fire Protection Standard fo
                     Marinas and Boaomds.

                             6. Boat Maintenance Areas

                     Boat scraping, sanding, washing, etc. should only be done in areas designed to handle runoff
                     in a manner that prevents it from reaching adjacent waters and wetlands (see sections on
                     stomwater and operations and maintenance).

                             7. Fuel Storage and MIX= Faciliti

                     In the event of a spill of fueL oil, or other toxic or hazardous substance, it is the responsibility
                     of the marina operator to properly contain and clew up the spill in a timely and diligent manner.
                     This is true even if the spill has been cat,    by some negligent or inadvertent action of a patron
                     of the marina Coast Guard regulations require that all, spills dW cause a visible sheen. on the
                     water must be reported. All spills should also be reported immediately to the propez state
                     authority. A spill contingency plan should be posted and include:

                            (1)     Posting of notification procedures in the event of a spill.

                            (2)     Immediate on-site availability am than 1/4 hour) of containment equipment such
                                    as booms, absorbent materials, or sidmmers. This equipment should be
                                    convemently stored on site. Responsible marina personnel should be tnuned in
                                    the proper use of dus equipment. Mann personnel should be required to
                                    participate in annual drills to demonstrate their readiness in the event of a spill
                                    and to assure that containment equipment is in working order.

                            (3)     Disposal of the collected fuel or other material contaminated by the pollutant in
                                    accordance with applicable State and Federal regulations.




                                                                      5-26









                       8. Piers and Dock SyAems

                Ali timber used for construction above the water line should be pressure U=ted with a
                preservative such as chromated copper arsenate:(CCA) or creosote to avoid damage by wood
                borers. Underwater, or periodically submerged portions of timber structures should not be
                constructed with CCA or creosote-treated timber. Treated piles that PrOject above deck level
                should be protected with battens or some protective sheathing.

                The use of concrete pilings should be seriously considered both in planned madnas and those
                undergoing expansion or repair/replacement of piers.. Use of concrete pilings eliminates leaching
                of preservatives and decreases pier maintenance costs.

                D. Pollutant Redu ions and Costs

                Actual numbers on pollutant reductions and costs are not currently available. Ile following
                discussion is on the relative pollution reduction of the management measures.

                The proper design of marina channels and basins will result in avoidance of impacts to important
                habitat and protection of water quality. Properly flushed channels and basins will prevent build-
                up of natural and man induced substances that degrade the environment. Pollutant reductions
                and cost for the control of stormwater are discussed in the chapter of this guidance on urban
                      'ement measures.


                With drybM storage, dredging is minimized since there is no large basin, only a small su&g
                area. Mus will minimize water quality and flushing concerns, as well as flow disruptions caused
                by structures built to protect boats from wind and wave action. Large amounts of treated timber
                for docks and buMeads are not needed, thus mimimmiing the leaching of wood preservatives into
                the water and the sWing effeM of docks, piers, pilings,, and boats. 11m amount of contact tim
                between pestiddee-containing bottom paints and the water is minimized, perhaps even eliminating
                the need for the use of bottom paints. IU use of construction matmW that does not contain
                CAA or creosote may not add to initial construction costs (unless concrete is used), but may add
                 aintenance costs due to upkeep (unless concrete is used).

                Proper design of finling facilities and               of spill containment and cleanup equipment
                (100 feet of boom and absorbent materW) will add approidmately $2000 to $10,000 in cost to
                a mum projecL Pollutant reduction is difficult to quantify because of the episodic nature of
                fuel spillage.










                                                               5-27









                      IV. MANAGEPOIENT MASURES FOR OPERATIONS AND MALWENANCE OF
                              NIAIUNAS AND BOATS


                      A. Environmental CopSerns

                      The Management Measures, listed in Section B below, are designed to address the following
                      water quality concerns.

                      The operation and maintenance of a marina and associated boating produces the same concerns
                      as those addressed in the design of marinas as well as day-to-day activities such as disposal of
                      fish wastes and the repair, maintenance, and operation of boats.

                      During the summer months, dissolved oxygen depressions, odor complaints and aesthetic
                      problems may result from disposal of fish wastes into the water in concentrations that overload
                      the natural ecosystem.

                      Small boat yards and marinas are confronted with handling a significant number of hazardous
                      waste sources due to the variety of maintenance and repair operations that result from boat
                      operations. Owners of mad= have a responsibility to see that no hazardous materials enter
                      the body of water on winch they are located.

                      Many of the wastes generated by boat yards and marinas must not be discharged into either
                      sanitary sewers, storms or deck drains. Although there are some exceptions, most inside drains
                      go to sanitary sewers and most outside drains go to natural waters. Wastes improperly, disposed
                      down drams may cause water pollution, damage or impair sewage treatment plants and can be
                      harmful to workers. Contaminants of con=n include, antifreeze, oils, detergents, wash water
                      from cleaning floors and decks and paint dusL

                      B. ManaggMent H=res

                      Ibis section contains the management measures to be applied in the opwation and maintenance
                      of marinas and boats:

                             (1)    Encourage the recycling of fish wastes back into the natural ecosystem in a
                                    manner that will not degrade water quality or cause other adverse environmental
                                    impacts.

                             (2)    Tarps and vacuums should be used to collect solid wastes produced by cleaning
                                    -and repair of boats. Such wastes should be prevented from entering adjacent
                                    water.


                            (3)     Vacuum or sweep up and catch debris, sandings, and trash from boat maintenance
                                    areas on a regular basis so that runoff will not carry it into the water.



                                                                   5-28









                         (4)     An oil water separator should be used on outside drains and maintained to ensure
                                 performance.

                         (5)     Curbs, berms or other barriers should be built or placed around areas used for the
                                 storage of liquid hazardous materials to contain spills.

                         (6)     Tarps should be used to catch spills of paints, solvents, or other liquid materials
                                 used in the repair or maintenance of boats.

                         (7)     Used antifreeze should be stored in a barrel labeled "Waste Antifreeze Only" and
                                 should be recycled.

                         (8)     Valves should be used on the air vents of fuel tanks that prevent fuel from
                                 overflowing and spilling.

                         (9)     All boats with inboard engines should have oil absorption pads in bilge areas and
                                 they be changed when they are no longer useful or at least once a year.

                         (10)    Only phosphate-free and biodegradable detergents should be used for boat
                                 washing.

                C.  Marina Operation and Maintenance Practices

                This section provides technical guidance on practices that may be used as tools to assist in the
                implementation of the Management Measures set forth in Section V.B. above.

                         1. Fish Wastes

                A fish waste policy may need to be developed. In order to implement the policy in a consistent
                manner, guidelines could be established that meet the following requirements:

                         (1)     Fish wastes should not be discharged into surface waters in any dead end lagoons,
                                 other poorly flushed locations, or other areas where such discharge could result
                                 in a water quality or public nuisance problem.

                         (2)     Where fish waste disposal will not result in water quality or public nuisance
                                 problems, fish wastes could be recycled back into the ecosystem from which the
                                 organisms were originally harvested.

                         (3)     Fish waste recycling within marina basins should only be allowed if in accordance
                                 with approved Operations and Maintenance Plans.  Marinas should not provide
                                 fish cleaning stations unless the activity has been included in the Operations and
                                 Maintenance Plans.  Marinas which are not approved for fish waste recycling.


                                                                 5-29
 







                                   should post signs warning fishermen that fish wastes should not be disposed of
                                   in the water at that location.

                            (4)    Fish wastes should not be recycled into surface waters in such a way that they
                                   will wash up onto any shoreline, or cause odors or other nuisances.

                           2. Boat Maintenance Areas

                    Small boat yards and marinas are confronted with handling a significant numbcr of hazardous
                    waste sources due to the variety of maintenance and repair operations that result from boat
                    operations.

                           a. Hydroblast ggntainment--,--

                    This practice entails the containment of hydroblast (pressure washing) wastewater to prevent
                    paint chips and oil from being discharged into natural waters and storm drains. in most states,,
                    permission must be obtained to discharge these wastes to the local sanitary sewer. Ile local
                    utilities should be consulted for pretreatment possibilities. Cleaning processes that use chemical
                    additives such as solvents or degreasers must be done in a self-contained system am prevents
                    discharge to storm drains or sanitary sewer. Wastewater without such additives should be
                    directed into wetpond detention basins as described in another section of this guidance. Where
                    feasible, wastewater from this operation can be collected and reused.

                           b. Abrasive blasting containment

                    Grit from abrasive blasting contains paint chips and other materials should be prevented from
                    entering natural waters or'storms. 'Dockside' blasting, outside a drydock or containment area
                    should not be done. Workshops and yards must be kept clean of debris and grit from sand
                    blasting operations so that: runoff and wind will not carry any waste into the water. During
                    blasting opmations,                should be enclosed in plastic tarps and no blasting should be
                    done on windy days. 11m bottom edge. of tarpaulins and plastic sheeting must be weighted so
                    that it will remain in place during H& breezes. A spray booth should be used whenever
                    possible to capture the blast gdt and should be used if sand is being used.

                          c. S=y boothl

                    Spray Booths concentrate paints and as such reM=t a hazard to both employees and the
                    envh=nent. Booths must meet local building and fire code requirements and must ensure
                    adequate ventilation for people wor:Idng in dm. Paint guns used in spray booths should be
                    either High Velocity Low Pressure MVLP) or High Efficiency Low Pressure (MY) which are
                    rated at 65% efficient paint transfer, or electrostatic paint spraying methods. In WDIacing
                    existing spray guns, convert to HVL? or HE types. Cleaning paint guns can also be
                    hazardous since spent solvent must be treated as a hazardous waste and not discharged directly
                    mto dmins. Owung should be done in an enclosed gun cleaner/recycler machine.


                                                                  5-30









                         d. Waste sto=

                 Waste oil, fuels stored above ground and hazardous material must be protected by a berm (a
                 built-in curb or barrier) in an area that is sufficiently large to contain a. spill. Its purprtose is to
                 catch anything that spills or leaks, in case a container is tipped, overfilled or ruptured. No
                 drains should be inside the secondary containment. If for some reason there is a drain, it should
                 lead to a blind sump. Secondary containment should have a concrete floor and, if outdoors, be
                 roofed. Other measures that count as secondary containment 'that may be used instead are;

                         (1)     A sump, with no drain, near the tank.to catch an accidental spill,

                         (2)     Build a 2 to 4 inch sill across the doorway, high enough to contain a spill yet low
                                 enough to allow machinery to. access. the. building

                         (3)     Buy or build double-containment tanks, and

                         (4)     Or build high drip pans installed under existing tanks.

                 Outdoor storage of hazardous materials (dnms, smaller container, batteries) must be covered
                 and have secondary containment. Containers of hazardous materials should be placed under
                 cover and on impervious pads (concreft is not impervious unless the surface is properly coated).
                 Secondary containment may be a berm or a pallet with a tray. All drums must be labelled with
                 the date, the words Mazardous Waste-, the associated hazards (ie, flammable) and the contents
                 of the container.

                         e. Waste oil &W=

                 Waste- oil should hot be%AMtaminated with any odw hazardous substances and if it does become
                 conmi           it- should be 1abelled = a hazardous waste which entails expeadve disposal
                 procedures. Drums should be labelled *Waste Od Only" to prevent mumg in other wastes,
                 especially solvents. 1U labelling also aids fite fighbo who, in cam of fire, must trul an
                 unl2beled drum as the worst case. Waste oil should be disposed of accTding to appropriate
                 statutes and regulations. Recycling is stroq0y encouraged.

                         E Drain= U=s

                 Most local sewer utilities, via pretreatment ordinances and discharge permits, restrict what can
                 be poured into inside drains sim some                     are not removed by the treatment process.
                 Dram connected to sanitary sewers nay need sand a-aps and oil water sVarators. Lack of an
                 oil-water separator for steam cleaning and pressure washing of engines and other oily parts may
                 result in a violation of discharge limits. However, an oil-water separator is designed for the
                 specift purpose of removing oil from water and will not remove all hazardous waste. Oil-water
                 separators should be regulariy manitained and cleaned whenever three inches of oil has
                 accumulated  . Local sewer utilities should be contacted for help in determining the best way to


                                                                  S-31








                    dispose of liquid wastes since discharge limits vary. Great care must be taken not to allow any
                    contaminants to enter outside drains shice most drain directly in streams or rivers without any
                    type of treatment. Oil water separators- should be installed on outdoor drains in areas where
                    engine maintenance occurs.

                           g. Liguid waste managemen

                    Paints and solvents must be prevented from entering waterways by the use of drip pans, drop
                    cloths or tarpaulins. Whenever possible, paints and solvents should be mixed in bermed areas
                    away from storm drams, surface waters, shorelines and piers. Only one gallon (or less) of paint
                    and solvent should be opened at a, time when working on floats and should be contained within
                    drip pans or tarpaulins. Paint and solvent spills should be prevented from reaching storm or
                    deck drains, cleaned up and disposed of appropriately. Cleanup materials soaked with solvent
                    must be handled as hazardous waste.


                           h. Solid waste manag=ent

                    Cleaning must be done in such a way that no debris falls into the water and is done to prevent
                    the accumulation of waste material, that may get blown onto surface waters. Cleaning with a
                    vacuum is the preferred method for collecting sandings and trash. Sandblasting debris should
                    be collected and stored with the spent grit and removed frequently. Hosing of decks and docks
                    should not be done when it might cause debris to be washed into the drains. After the contents
                    of a drum or a container is used they should be flattened and made unusable. If possible, reuse
                    or recycle empty drums rather than dispose as solid waste.

                    Marina operators are responsible for the contents of their dumpsters and hazardous waste should
                    never be placed in them. Dumpsters should be locked within an erwjosure to prevent "midnight
                    duniping". Liquid wastes should not be placed in dumpsters but disposed of properly by other
                    niethods. Recycling of non-bazardous solid waste such as scrap metal, aluminum, glass wood
                    paUets, papers and cardboard is ---            whermALfi=ible. Dumpsters, that -store items
                    such as used oil film should, while awaiting trander to a landfill, be covered to prevent rain
                    from leaching matmW from the dumpster onto the groun4.

                          i. Anti

                    Antifte= from boat engines may be recycled if it is not mixed with other wastes. Some
                    hcilities clea to purchase on-site recycling equipment. However, filters from the recycling units
                    must be handled as hazardous waste and may not be disposed of in solid waste. Runoff that
                    contains antifreeze should be prevented from entering storm drams or natural waters.








                                                                 5-32








                        j. Boating

                Discharges from boats are subject to regulation under the Clean Water Act. However, many
                activities associated with the use of boats resuk in impact to coastal waters. Activities that may
                mitigate some of the impacts associated with boating include:

                        (1)    Prohibitions on the use of environmentally damaging materials and encouragement
                               of environmentally sensitive substitutes,

                        (2)    Speed zones where erosion or. other detrimental results could occur,

                        (3)    No boating and/or anchorage zones where sensitive or critical habitats could be
                               damaged by "prop-wash",

                        (4)    No discharge zones where water quality standards could be violated by such a
                               discharge,

                        (5)    limitations on in-the-water boat hull cleaning if it can be demonstrated that this
                               is a significant local problem,

                        (6)    If in-the-water boat hull dleaning can be an acceptable practice if it is done with
                               a soft cloth (instead of scraping) several times a year, and

                        (7)    Prohibitions of disposal of wastes from boats into State vt-aters.

                D. Pollutant Reduction and Costs


                Pollutant reduction and mts have not been deftrmined for the                    Measures related
                to the operation and maintenance of marina and boats. NPS poRution resulting from some of
                the activities identifted Wxwc can be climirumed entirely and others can be greatly reduced
                through                  of am prom-bad                  Measures.

                V. RECOMMEMATIONS FOR STATE FROdRAMS TO IMBLEMIENT
                        MANAGEMVqT MEASURES FOR MARINAS AND RECREATIONAL BOATING

                7he information in the remainder of this chapter does not represent                 measures but
                are                   for States to consider in their overall approach to mum and recreational
                boating NPS pollution  -               The draft program guidance to be published by EPA and
                NOAA in the summer of 1991 will contain information on State Coastal Nonpoint Pollution
                Control Program development and appro;val.







                                                               5-33









                   A. Mana?zement Process

                   It is recommended th at a process be developed by every State to permit and regulate recreational
                   boating and marina development and operation. This process should be the foundation on which
                   th.e actual management measures identified in the rest of this chapter can be designated and
                   implemented. Most States already have programs designed to accomplish many of the actions
                   suggested in this guidance and States are not encouraged or discouraged from reorganizing their
                   programs as described in this chapter. However, it is r6commended that States review and, if
                   needed, revise their programs to meet the performance goals identified. 'Marina and boating
                   programs should consist of the following:

                          (1)     Marina regulations,

                          (2)     Marina development application form,

                          (3)     Technical guidance for locating, planning, design and construction of marinas,

                          (4)     Boating regulations,

                          (5)     Chemical bans/controls of certain bbat washing or stripping chemicals,

                          (6)     Enforcement/ monitoring plans, and

                          (7)     Public education.

                     arin:k regulations should deal with potential pollution sources that may originate due to the
                  physical presence or operation of marinas. Ile intent of the regulations should be three-fold.
                  FhI4 to aPPIY strict environmental controls over the siting, design, construction, and operation
                  of new marina - The controls should be most comprehensive for new mad= because new
                  construction offers the greatest qnwwmty for WWaenvironmental planning and
                  Second, to allow upgrading Of Odsting facilid in ways which can benefit the environment by
                       =9 reasonable restrictions which would e5octively discourage or prevent environmentally
                  detrimental impacts. In this case, it is recognized that physical constraints at alsting sites may
                  plesen!                  limitatiotis over die scope of feasible improvements that can occur..
                  ThW, to provide for sa& and environmentally sound operation of =stLng and futum
                  through prevention of pollution by good                  procedures.

                  B. Public -Educatoon

                  To improve success 'in reducing NPS pollution from marinas and                  boating, a public
                  education program is vital. The public should be educated about causes of NPS pollution and
                  practices that will reduce NPS pollution. Specific areas in Much boaters should be educated
                  include:




                                                                5-34









                        (1)    The types and sources of NPS pollution impacts associated with marinas and
                               boats,

                        (2)    Locations and types of sensitive coastal resources and wildlife habitat areas in
                               local waters, and methods of minimizing boater impacts,

                        (3)    New environmental protection initiatives and new operational measures
                               implemented to respond to these initiatives,

                        (4)    Marina operation and maintenance plans,

                        (5)    Encourage limited use of detergents or use of detergents with 0.5% phosphates
                               by weight,

                        (6)    Proper collection and disposal of hazardous material (bottom paint scrapings and
                               sanding dust, fiberglass resins, epoxy, MSD pumpout waste, dump station wastes,
                               acid-type cleaners, wood bleaches, varnishes, etc.),

                        (7)    Environmentally sensitive boat maintenance and upkeep procedures,

                        (8)    Inform the public as to EPA and Coast Guard regulations prohibiting the
                               discharge or oil or oily waste that causes a visible film or sheen,

                        (9)    Proper use of sewage pumpout facilities, and

                        (10)   Other boating regulations.

               REFERENCES

               Delaware Department of Natural Resources and Environmental Control (DNREC), 1990. State
               of Delaware Marina Guidebook, DNREC, Division of Water Resource, Dover, DE.

               Luckenbach, M.W., R.J. Diaz, and L.C. Schaffner, 1989. Report to the Virginia Water Control
               Board.  Appendix I. Project 8: Benthic Assessment Procedures. Virginia Institute of Marine
               Science, School of Marine Science, College of William and Mary, Glouster Point, Virginia.

               Morton, M., and Z. Moustafa, 1991. Draft Final Report on Marina Water Quality Models.
               U.S. Environmental Protection Agency - Region IV, Atlanta, GA.

               U.S. EPA, 1985. Coastal Marinas Assessment Handbook, U.S. EPA - Region IV, Atlanta, GA.
               (under revision).

               U.S. EPA, 1989. Rapid Bioassessment Protocols for Use in Streams and Rivers: Benthic
               Macroinvertebrates and Fish, U.S. EPA-AWPD,-Washington, D.C.


                                                             5-35
 






















                                    APPENDIX 18


                          WATERFRONT PUBLIC ACCESS SITES







                  A WATERSHED MANAGEMENT PLAN FOR BARNEGAT BAY

                  PRELIMINARY LIST OF EXISTiNG PUBLiC ACCESS SITES



           FEDERAL
                Edwin B. Forsyth National Wildlife Refuge
                Proposed Expansion - Reedy Creek

           STATE
                Island Beach State Park
                Island Beach Research Area and Wildlife Sanctuary
                Island Beach Northern Natural Area
                Barnegat State Park
                Double Trouble State Park
                Manahawkin Natural Area,  Stafford Township
                Swan Point Natural Area, Brick Township
                Manahawkin Wildlife Management Area
                Stafford Forge Wildlife Management Area
                Whiting Wildlife Management Area
                Forked River State Marina


          OCEAN COUNTY
                Bridge Avenue County Park, Point Pleasant Borough
                Metedeconk River County Recreational Area, Lakewood/Brick
                Cattus Island County. Park, Dover
                Riverfront Landing County Park, Dover
                Mill Creek County Park, Berkeley
                Berkeley Island County Park, Berkeley
                Forge Pond County Golf Couse, Brick Township
                Gull Island County Conservation Area, Point Pleasant Beach
                Shenandoah County Field Sports Complex, Lakewood
                Ocean County Park, Lakewood
                Bowman Road Field Sports Complex, Jackson
                .@Robert J. Miller Airpark, Berkeley
                Wells Mill County Park, Ocean Township
                A. Paul King County Park, Eagleswood

          MUNICIPAL BAY BATHING BEACHES & WATERFRONT RECREATIONAL
          AREAS*
                Beachwood Beach, Compass & Beachwood, Borough of Beachwood
                Slade Dale Park, Dorsett Dock Rd, Point Pleasant
                Bay Harbor Beach, Bay Way Ave., Brick Township
                Windward Beach, Princeton Ave., Brick Township
                Forge Pond Park, Chambers Bridge Rd., Brick Township
                Island Beach, Gladney & Rivera, Dover Township
                Money Island, Longfellow Ave., Dover Township
                Shelter Cove, Bay Ave., Dover Township






                    Central Ave. Beach, Island Heights
                    Summit Ave. Beach, Island Heights
                    Brown Tract, Washington St. along      Toms River, Dover Township
                    Lavallette Beach, Bay Blvd., Lavallette
                    Ocean Gate Angelsea Beach, Ocean Gate
                    Ocean Gate Wildwood Beach, Ocean Gate
                    Pine Beach East, Station Rd., Pine Beach
                    Pine Beach West, Avon Rd., Pine Beach
                    Hancock Ave. Beach, Seaside Heights
                    Lincoln Ave. Beach, Seaside Heights
                    Sunset Cove Park, Berkeley Lane & L      St., Seaside Park
                    Seaside Park Bay & 5th Ave., Seaside Park
                    Bayview Fishing Pier, 13 &14th St., Seaside Park
                    Mill Creek Park, Stafford Township
                    Jennifer Lane Beach, Manahawkin
                    Waretown Fishing Station, Bryant Road, Ocean Township
                    Barnegat Bay Beach, Bay Shore Drive, Barnegat
                    Harvey Cedars Bay Beach, Long Beach Blvd., Harvey Cedars
                    Waterfront Recreation Area, Salem Ave., Harvey Cedars
                    Bayfront Park, Beach Haven
                    Waterfront Park, Shore Ave., Ship Bottom

             *(not  an all inclusive list - does not include private beach associations
             and "commonly" used sites providing waterway recreational access
             surrounding the Bay)

             PUBLIC (MUNICIPAL) BOAT LAUNCHING SITES
                    Point Pleasant Municipal Boat Ramp, Foot of Bay Avenue
                    Lavallette Municipal Boat Ramps, Bay Blvd.
                    Seaside Heights Municipal Boat Ramp, Bayview Avenue
                    Seaside Park Municipal Boat Ramp, Bayview Ave & 13th St
                    Toms River Municipal Boat Ramp, Riversiddi Drive
                    Island Heights Municipal Boat Ramp, Lake Drive
                    Toms River Municipal Boat Ramp, Garfinkle Park
                    :Barnegat Light Municipal Boat Ramp, Bayview &        1 Oth St
                    Surf City Municipal* Boat Ramp, Division St & Bay Ave
                    Ship Bottom Municipal Boat Ramp, Foot of 10th St
                    Barnegat Municipal Boat Ramp, Barnegat

























                                      APPENDIX 19


                             POTENTIAL PUBLIC ACCESS SITES







                       POTENTIAL PUBLIC ACCESS LOCATIONS           BARNEGAT BAY
                          (Compiled by the Citizen's Public Access Subcommittee)


                 (1) BoatRamp - Marine Police Station, Point Pleasant
                         partially bulkheaded area just to the South

                 (2) Fishing Pier - East side of Point Pleasant Canal
                         south of Bocan Construction

                 (3) Fishing Pier - Mantoloking Bridge, Route 528
                       - using part of old bridge structure for parking
                       - build lower catwalk for fishing & crabbing

                 (4) Trails/Boat Ramp - Semi-dredged lagoon North of Traders
                       Cove Marina (proposed National Wildlife Refuge)

                 (5) Trails/Boat Ramp - Semi-dredged Lagoon West of Sloop
                       Point (proposed National Wildlife Refuge)

                 (6) Pier/Boat Ramp - Green Island
                       - Abandoned Marina Site (private)

                 (7) Boat Ramp/P'er/Beach - Cattus Island Park
                       - former Jackson Estate
                       - cleared land front of house

                 (8) Fishing Pier - Route 37 Bridge (East end main span)
                       - crabbing along bulkhead
                       - build fishing access catwalk

                 (9) Boat Ram12/Fishing Pier - Toms River, Route 166
                       - across from Toms River Boat Works
                       - empty parcel bulkheaded land

                 10) Boat Ramg/Fishing Pier - Brick Town on Bay (South,side
                       of Rt 35)
                       - Southeast of Dutchman's Point
                       - Bulkheaded property owned by Brick
                       - Near Jet Ski Rental

                 (11) Recreational -Waterfront Facidly-- Metedeconk Bathing Beach
                       - abandoned property
                       - privately owned























                                     APPENDIX 20


                      FUNDING SOURCES FOR PUBLIC ACCESS PROGRAMS






                     FUNDING SOURCES FOR PUBLIC ACCESS PROGRAMS



     LEGAL TECHNIQUES

       Fee Simple Acquisition means the purchaser acquires all the legal rights of
     property. ' A public entity may acquire ownership in fee simple by purchasing the land
     from a willing seller or through eminent domain. In either case, the public must pay
     fair market value for the land. Fee simple ownership may also be obtained through
     dedication of land, at no cost to.the public, or at a reduced price. A seller may choose
     to offer land in one of these two ways, to either a public entity or a non profit
     organization, in exchange for other benefits, such as tax credits.

       Property Easements secure a limited legal right to utilize some aspects of a
     piece of land. While fee simple confers all of a parcels legal property rights, an
     easement affords it owner the right to enjoy one element of the property, such as the
     right to walk across it. Easements may be acquired through the same means as those
     used in fee simple acquisition. An easement may be obtained through eminent domain,
     an agreed purchase or through dedication.

          A particular type of dedication is known as a conservation easement. A
     property ow'ner may offer an easement on his/her land to a public or non-profit entity
     in exchange for the assurance that the land will only be utilized in a specific manner,
     such as for conservation purposes. The conservation easement may be for the entire
     parcel of land or for a portion of it. In either case, flexibility to use the land is
     limited to specfic terms. - If those terms specify that the land is to be utilized for
     public access or public recreation, this type of easement could be valuable as fee
     simple ownership. Easements run with* the land and may be put in place in perpetuity.
     Acquisition of an easement is generally less expansive than fee simple and may be
     very -.effective in securing public access.

     *-Long term leases transfer the legal property rights Irom the original owner to
     the purchaser for a specified period of time. The leaseholder may then use the land
     however he/she chooses, but only for the term of the lease. Long term leases*are
     generally less expensive than perpetual easements and may be used to establish
     accessways for immediate use. Leases may also provide a short term public access
     solution while a long term method ies being developed.

     FINANCIAL TECHNIQUES

     * General Obligation 'Bonds are a traditional source of revenue used by
     municipalities to develop parks, schools and other government facilities. Bonds are
     instruments by which the government borrows money from investors and pays the
     principal and interest over a number of years, similar to a loan. Through this method,
     the taxing power of the jurisdiction is pledged to pay interest and principal to retire
     the debt of the bond.






         State and Federal Funding Programs provide funds for the acquisition and
       development of recreational lands. These programs include:

              State Green Acres Program oversees the Green Trust which makes low
              interest loans and grants available Ao counties and municipalities for the
              acquisition or development of open space for public recreation. Funding
              decisions are based on greatest open space need, greater facilities need and
              natural resources conservation. Any municipality or county which enters into a@
              contract with Green Acres is required to provide public access to the lands
              developed or acquired with these public funds and retain all of these'lands held
              for these purposes.

              The Open Lands Management Program is administered under the Office of
              Natural Lands Management,. Division of Parks.and Forestry. This program
              enables private property owneres to make their land available to the public for
              outdoor activities, while receiving funds from the State to develop and maintain
              the property. The money is to be used to facilitate outdoor recreation and
              eliminate potential problems and hazards for the property owner.

              NJ Coastal Management Program, in the past, offered a pass-through grant
              program to local governments for waterfront planning purposes. The grants,
              which may be reinstitued in the future years, provide local governments with
              100% funding to plan projects which further  *-the objectives of NJ's Coastal
              Management Program, including water dependent projects, community open
              space needs, public access opportunities, and natural resources protection.

              The Office of Environmental Services provides matching grants to assist
              local environmental agencies in obtaining the finan  'cial resources necessary to
              inventory and document. environmental resources; to prepare policy
              recommendations to protect those resources; and to prepare -and disseminate
              information to the public concerning the ways in which the public can
              participate in protecting the environment.

              Under New Jersey's Watefowl Print and Stamp Program, NJ waterfowl
              stamp is required to be purchased when hunting waterfowl. Revenues from the
              stamp and royalties from the print are dedicated for funding the acquisition,
              protection , maintenance, improvement, and enhancement of waterfowl habitat
              and associated wetlands.

              Under the Federal Aid in Wildlife Restoration Program (Pittman-
              Robertson Act), Congress extended the life of an existing 10% tax on amunition
              and firearms used for sport hunting which specifically earmarks the proceeds to,
              be distributed to States for wildlife restoration. The funds are used to buy,
              develop, maintain and operate'wildlife management areas.

              The 1950 Federal Aid in Sport Fish Restoration Program            (known as the
              Dingell-Johnson Act and augmented by the 1984 Wallop-Breaux       Act) is financed
              by an excise tax on fishing equipment to help States provide better habitat for






           many fish species and more fishing opportunities for people. Under the Boating
           Safety Account of the Wallop-Breaux Trust Fund, of which the Coast Guard is
           'the designated adminisrator, the -states are giver. the discreation of applying
           any  part of their allocation of federal financial assistance for the acquisition,
           construction or repair of public access.

       Land Trust Organizations exist primarily to protect and conserve tracts of
     valuable open space for natural resource protection and recreational purposes. Most
     land trusts are directly involved in real estate transactions for these purposes and
     most hold and manage at lelast a portion of the land they act to protect. One common
     component of all land trusts is their non profit status. Gifts of land or money to
     these entities may, therefore, be tax deductible. Currently in New Jersey, the Trust
     for Public Land, The Natural Conservancy, and the NJ Conservation Foundation have
     been actively pursuing projects. Civic organizations and concerned citizens may also
     form local land trusts in order to preserve some aspect of their community.


























   Q







                                     APPENDIX 21


                          RESEARCH AND MONITORING PROGRAMS


































   I









                                      Monitoring & Rese(arch Programs
                -A. Obiectives - Monitorina Plan
                  7
                       In arriving at specific objectives, the Research and Monitoring
                Subcommittee borrowed heavily from the approach followed in the
                development of the Puget Sound Ambient Monitoring Program (PSAMP) (Puget
                Sound Water Quality Authority, 1990). The following objectives are taken from
                that program, with the exception of #8. Not all of the PSAMP objectives are
                included here, and some have been modified. The list provides a fairly
                comprehensive compilation of what an estuarine monitoring program should
                aim for.

                1 .    Understanding natural oceanographic events and processes that may
                       influence biota, water quality, and beneficial uses.

                2.     Determining trends and natural variability in abundance of biota,
                       especially important resource species.

                3.     Determining trends in factors that may affect human health.

                4.     Determining trends in inputs and concentrations of anthropogenic
                       pollutants, and trends in other human activities that may affect conditions
                       in the bay.

                5.     Determining temporal and spatial trends of receiving system properties.

                6.     Determining the effects of changes in regulatory and management
                       decisions and practices.

                7.     Determining trends in the aesthetic appearance of the bay.

                8.     Providing an early warning of detrimental or unwanted changes in-the
                       bay and its natural communities.


                B. General Scope and 0[ganization of the Monitoring Plan
                       The Research and Monitoring Subcommittee has laid out the following
                design for a Barnegat Bay Ambient Monitoring Program. The program will
                collect and analyze samples and carry out surveys to determine the quality of
                the water, sediments, biological populations, and habitats of Barnegat Bay and
                its drainage basin, using appropriate protocols, quality assurance checks, and
                data storage and reporting procedures. .

                       The subcommittee has not attempted, in this preliminary plan, to identify
                specific analytical techniques, sampling protocols, or other technical details for
                each component of the monitoring plan. Rather, the subcommittee has sought
                to identify the relevant technical and policy issues, existing monitoring
                programs, and data gaps and needs, and to link them together in a framework
                that would provide the information needed to answer the questions posed by
                resource managers and regulators. To the extent possible, the subcommittee
                has proposed existing programs and/or agencies that could carry out each
                component. Also included in the management plan is a base map of existing
                monitoring stations in Barnegat Bay and its contiguous near-coastal zone
                (between the Manasquan Inlet and Little Eqq Inlet). These stations, which are









                 Growing Water Classification Program (DEPE Bureau o-' Marine Water
                 Ciassification & Analysis) network of 3600 back bay stations statewide (350 in
                 Barnegat Bay) and 400 ocean stations statewide (150 in Barnegat Bay), as well
                 as 125 back bay/ocean stations in Barnegat Bay as part of the Coastal
                 Cooperative Monitoring Program.

                        The subcommittee recommends the formation of a permanent monitoring
                 oversight committee, comprised of representatives of DEPE and other involved
                 agencies, researchers, citizens, and regulators and managers from all levels of
                 government. This committee would review monitoring results and recommend
                 changes to the program as needed. Furthermore, there should be created a
                 permanent technical staff responsible for coordinating the many components of
                 the monitoring plan, analyzing and interpreting results, and preparing annual
                 reports for the oversight committee and the public.


                 C. The Qitizeng' ML)nitoring Plan
                        In designing the Research & Monitoring plan, the subcommittee was
                 aware of the work of the New Jersey Sea Grant Program in designing and
                 organizing a Barnegat Bay citizens' monitoring plan. Indeed, the subcommittee
                 saw an important role for citizen volunteers in any monitoring program for the
                 bpty, both as a way of supplementing the resources of state and other agencies
                 and as an unsurpassed vehicle for increasing citizen awareness of and interest
                 in the bay. A number of monitoring tasks described in this plan could be carried
                 out entirely or in large part by citizen volunteers; these opportunities are noted
                 in the relevant sections below..

                       The citizens' program should thus be seen as an integral component of
                 the monitoring plan. The monitoring program staff should provide technical
                 support for citizens' monitoring projects. Data collected under the citizens,
                 monitoring program will be subject to the same (or similar) protocols and quality
                 assurance checks as all other portions of the monitoring program.


                 D. Factors Considered in Selegling Parameters
                       To move from general objectives to the selection of specific parameters
                 that should be monitored, the Research and Monitoring Subcommittee used the
                 PSAMP approach, which proceeds as follows: (1) list beneficial uses; (2) list
                 adverse biological effects; (3) list natural and anthropogenic factors that affect
                 the system; and (4) specify parameters that should be monitored, and match
                 them With the plan's objectives.

                 1. Beneficial Uses
                       The Research and Monitoring Subcommittee arrived at the following list
                 of beneficial uses (Table 1) by starting with the PSAMP list and adding and
                 deleting items as necessary in light of the particular uses of Barnegat Bay and
                 information in the Barnegat Bay Management Recommendations (Rogers,
                 Golden & Halpern, 1990b). Those uses marked with an asterisk (*) were
                 mentioned specifically by the Citizen Advisory Panel in the Management
                 Recommendations. We have lumped some uses mentioned by the Panel
                 together; others are omitted here, principally uses that do not depend on water
                 or water quality (e.g., residential, forestry, restaurants, manufacturing). The first
                 column lists the uses; the second lists measures of status (1) and controlling











                                                       TABLE 1
                                                 BENEFICIAL USES

                   ECOSYSTEM MAINTENANCE                    Not easily measured
                        Detritus                            (1) Abundance

                        Algae/macrophytes                   (2) TSD
                                                            (2) Nutrients
                                                            (2) Turbidity
                                                            (2) Habitat/substrate

                        Plankton                            (1) Chlorophyll a
                                                            (2) TSID
                                                            (2) Nutrients
                                                            (2) Turbidity

                        Benthos                             (1) Abundance
                                                            (2) Community structure
                                                            (2) TSID
                                                            (2) Food
                                                            (2) Substrate

                       Shellfish                            (1) Abundance
                                                            (2) TSID
                                                            (2) Turbidity
                                                            (2) Food
                                                            (2) Habitat/substrate

                       Fish                                 (1) Abundance
                                                            (2) Physical habitat
                                                            (2) Food
                                                            (2) TSID
                       Birds                                (1) Abundanj: reproductive. success
                                                            (2) Physical h bitat
                                                            (2) Food

                       Reptiles                             (1) Abundance
                                                            (2) Habitat
                                                            (2) Food

                       Mammals                              (1) Abundance
                                                            (2) Habitat
                                                            (2) Food
               *WATER SUPPLY (INDUSTRIAL)                   (2) Temperature
                                                            (2) Turbidity

               * FISH ING/SHELLFISH ING                     (1) Abundance

               * WATER CONTACT RECREATION                   (2) Physical habitat
                                                            (2) Odor
                                                            (2) Turbidity












                                        TABLE 1 CON'T

              ï¿½ BOATING                        (2) Odor
                                               (2) Floatables

              ï¿½ HUNTINGITRAPPING               (2) Abundance

              ï¿½ AESTHETIC ENJOYMENT            (2) Water color
                                               (2) Odor
                                               (2) Turbidity
                                               (2) Floatables









                    2. Biological Effects
                            The PSAMP plan next lists "presently identified biological effects that
                    .should be monitored." (Table 2) These:include such effects as reproductive
                    failure in seals, fish kills, and closure of shellfish beds. For this step the
                    Research and Monitoring Subcommittee selected only those effects that have
                    been documented in Barnegat Bay, but also expanded the scope of the list to
                    include all "use impairments," a term that includes but goes beyond biological
                    effects.


                                                              TABLE 2
                                     BIOLOGICAL EFFECTS AND USE IMPAIRMENTS

                                                Parameters to Monitor
                    Effect                 Possible                Prima!7j                Seconda1y
                                           Reason


                    Shellfish              Pathogens/              Pathogens in            Pathogens in inputs
                    closures,              coliforms in            water                   and in tissue
                    restrictions           bivalves



                    Algal                                          Chlorophyll             Nutrient
                    blooms                 inputs                  community               inputs
                                                                   composition             in water


                    Swimming               Pathogens/              Pathogens in            Pathogens in
                    restrictions           coliforms in            water                   inputs
                                           water


                    Die-back of            Elevated                Turbidity               Chlorophyll,
                    eelgrass               turbidity               light                   suspended
                                           due to                  penetration             solids
                                           blooms                                          nutrient inputs,
                                           and/or                                          nutrients in water,
                                           sediment                                        boating levels










                   3. Natural and Manmjde Factors
                          Again following the PSAMP plan, the Research and Monitoring
                   Subcommittee then compiled a list of natural and anthropogenic factors that
                   affect conditions in the estuary. This is a rather standard list (Table 3) of
                   oceanographic, climatic, hydrological, and human "driving forces" modified to
                   provide more detail than the PSAMP plan and to add human factors not
                   specifically mentioned there.

                                                        TABLE 3
                                    NATURAL AND ANTHROPOGENIC FACTORS

                   Factor                                    Parameter(s)
                   River and creek discharge                 Flow, suspended solids,
                                                             nutrients, bacteria/pathogens

                   Groundwater inputs                        Flow, nutrients

                   'Climate/water                            Air temperature, insolation,
                                                             precipitation, storms

                   Habitat changes                           Percent of shoreline modified,
                                                             dredging area/volume,
                                                             extent/number of slips in
                                                             marinas

                   Pollutant inputs                          Loadings from point and
                                                             nonpoint sources (including
                                                             storm drains, atmospheric
                                                             inputs, etc.)
                   Currentstmixing                           Current speed and direction,
                                                             tidal exchange
                   Regulatory/management controls            Changes in land use controls,
                                                             restrictions onlertilizer use,
                                                             buffer/drainage requirements,
                                                             boating/dumping restrictions,
                                                             fishery management, etc.
                   Socio-economic conditions                 Population, land use/land cover
                                                             in sub-watersheds, percentage
                                                             of population on
                                                             septics/community sewer
                                                             sys;ems, etc.
                   Recreational/comme'rcial use              Boats in use, marina slips
                                                             occupied, fishing
                                                             effortflandings









                 4. Parameters to Be Monitorgd
                        Combining the foregoing lists resulted in a set of parameters that should
                 be monitored to meet the stated objectives of the monitoring plan. Following is
                 a listing of parameters recommended to be monitored, with information on
                 sampling frequency, number of stations, and relationship to other programs.
                 "Objectives Met" refers to the list of objectives in Section B, above.


                 Parameter(s): Temperature, salinity, dissolved oxygen
                 Objectives Met: 1, 5
                 Frequency: Weekly
                 Approximate Number of Stations: 50
                 Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                 The Citizens' Monitoring Program being developed by Mr. John Tiedemann is
                 ideally suited for monitoring of these standard water quality parameters
                 (Tiedemann, 1991). Twenty-four sampling locations been identified. This will
                 build on the quarterly sampling at thirty-three bay stations for these parameters
                 begun last year by the Bureau of Marine Water Classification and Analysis, and
                 on the monthly to twice-monthly sampling conducted at four bay stations by the
                 Division of Science and Research.


                 Parameter(s): Nutrients
                 Objectives Met: 1, 4, 5, 6
                 Frequency: Monthly (October-May); Twice per month (June -Sept.)
                 Approximate Number of Stations: 33
                 Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                 This would essentially involve increasing the frequency of the quarterly nutrient
                 sampling at thirty-three bay stations begun last year by the Bureau of Marine
                 Water Classi'fication and Analysis. The Division of Science and Research has
                 also measured nutrients at four bay stations (two stations during the winter)
                 semi-monthly to monthly since April 1988. In addition to those nutrients
                 measured in the Bureau's existing program (ammonia, nitrate, nitrite,
                 orthophosphate, and total nitrogen), other nutrients (e.6.- total phosphate,
                 dissolved organic and inorganic forms of nitrogen and phosphorus, and
                 particulate forms) might be considered.









                Parameter(s): Turbidity
                Objectives Met: 1, 6, 7
                Frequency: Weekly
                Approximate Number of Stations:       50
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                As for temperature/salinity/dissolved oxygen, monitoring for turbidity (via Secchi
                depth measurements) could easily be folded into the Citizens' Monitoring
                Program. It would vastly expand Secchi depths measurements at four bay
                stations and suspended solids measurements at thirty-three bay stations made
                in the past several years by the Division of Science and Research and the
                Bureau of Marine Water Classification and Analysis.


                Parameter(s): Pathogen indicators in bathing. water and shellfish
                Objectives Met: 3, 4, 5, 6
                Frequency: Weekly (bathing areas in summer) to monthly
                Approximate Number of Stations: 100
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                Fecal and total coliform bacteria levels are already monitored monthly, year-
                round, by the Bureau of Marine Water Classification and Analysis at some 350
                back bay and 150 ocean stations in shellfish growing waters in Barnegat Bay
                and -all ofits tributaries, to the head of tide. This database covers the past 20
                years. DEPE and the Ocean County Health Department also monitor fecal
                coliforms and enterococci at public bathing areas. These programs can be
                coordinated to provide adequate pathogens monitoring for the bay. It could be
                supplemented by pathogens monitoring in the shellfish themselves.


                Parameter(s): Phytoplankton abundance/composition; chlorophyll.A
                Objectives Met: 2, 5, 8
                Frequency: Monthly,
                Approximate Number of Stations: 2-4
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                DEPE's Bureau of Monftoring Management currently mpnftors phytoplankton
                abundance and species composition (including wred tide" organisms and
                chlorophyll a) at one location (Manahawkin) on a monthly basis; a northern bay
                station is also planned. Research conducted by the Division of Science and
                Research since 1989 has included monthly to twice-monthly measurements of
                chlorophyll a at four bay stations. Phytoplankton abundance and species
                composition, as well as chlorophyll a concentrations, should continue to be
                monitored at a small number of stations.









                Parameter(s): Toxic contaminants in aquatic biota and sediments
                Objectives Met: 3, 4, 8
                Frequency: Annually to less frequently
                Approximate Number of Stations: 5
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                Relatively little is known about levels of toxic contaminants (such as PCBs and
                chlorinated pesticides) in the bicta and sediments of. the bay. The DEPE's
                Toxics, in Biota monitoring program has limited data on PCBs and pesticides in
                bluefish, weakfish, eels, and blue crabs from two stations in the bay. The
                National Oceanic and Atmospheric Administrations' National Status and Trends
                Program (NOAA, 1989) monitors sediments and blue mussels (MyliLluq edulis
                collected annually at a single station in the bay (Barnegat Light) for PCBs,
                sixteen polycyclic aromatic hydrocarbons, chlorinated pesticides, trace metals,
                and Clostridium (a microbiological tracer of sewage (NOAA, 1991).

                The Research and Monitoring Subcommittee recommends a screening-level
                survey of selected toxic contaminants in sediments and important resource
                species in the bay (clams, crabs, selected finfish species). Such a survey would
                address concerns about toxics by supplementing the rather meager data base
                in this area. PCBs, pesticides, and trace metals would be included in such a
                survey. Depending on the results, a more focused monitoring program could be
                designed. Due to the great expense, the subcommittee hesitated to
                recommend a full program of routine, annual toxics monitoring without better
                baseline data.


                Parameter(s): Histopathological abnormalities
                Objectives Met: 8
                Frequency: Annually or less frequently
                Approximate Number of Stations: < 5
                Rationale/Lead Agenicy/Rellationship to Other Monitoring Programs:
                The incidence of histopathological abnormalities in key species (e.g., -fin-
                erosion in flounder, shell disease in crabs or other crustaceans),has been
                suggested as a useful monitoring parameter to reflect: 0, verall ecosystem stress,
                especially from toxic pollutants. As for toxic contaminants, a baseline survey
                would need to be clone to determine the appropriate scope of such a monitoring
                component, and whether it would be useful.









                Parameter(s): Macrophyte abundance
                Objectives Met: 2, 8
                Frequency: Monthly (summer)
                Approximate Number of Stations: 2-4
                Rationale/Lead Agency/Relationship to Other Monitoring Programs-
                No existing programs monitor the extent of submerged aquatic vegetation
                (mainly eelgrass, Zostera marina) in the bay. Eelgrass beds are known to
                provide important habitat for crabs and many fish species, especially for
                juveniles. They are also sensitive to changes in the turbidity of the overlying
                water, which in turn is affected by levels of phytoplankton and suspended
                sediments. Macrophytes may thus serve as good ecological indicators.
                DEPE's overall marine monitoring program could assume this function, which
                could perhaps be performed in conjunction with periodic summertime helicopter
                surveys.


                Parameter(s): Shellfish and fish abundance
                Objectives Met: 2, 6
                Frequency: Annual
                Approximate Number of Stations: 4
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                Shellfish and fish abundance are subject to significant natural variabilityj as
                well as being affected by fishing pressures, pollution, and other human
                pressures. It would therefore be difficult to link year-to-year changes with
                specific management actions or policies. However, a good long-term record is
                essential to drawing conclusions about the overall success of management and
                the general health of the bay. DEPE's marine fisheries and shellfish bureaus
                (the latter of which already performs shelffish surveys) could perform this
                function, focusing, perhaps, on key resource species (eg., hard clams, blue
                crabs, and flounder). The design and results of the work of researchers at the
                Rutgers University Marine Research Station in. Tuckerton on fish and shellfish
                diversity and abundance in lower Barnegat Bay could serve as the starting point
                forsuch a program.


                Parameter(s): Benthic community structure
                Objectives Met: 2, 5, 8
                Frequency: Annually or less frequently
                Approximate Number of Stations: 5
                Rationale/Lead Agency/Relationship to      Other Monitoring Programs:
                Changes in benthic community structure, including changes in species number
                or diversity, relative abundance, and identity of dominant species, could signal
                significant ecosystem-level changes. Surveys could be coordinated with
                surveys of fish and shellfish abundance.









             Parameter(s): Floatables
             Objectives Met: 6, 7
             Frequency: Weekly (summer)
             Approximate Number of Stations: Will vary
             Rationale/Lead Agency/Relationship to Other Monitoring Programs:
             The presence and extent of floatables can serve as an easily measured and
             easily understood indicator of aesthctic appearance. We recommend that all
             monitoring programs conducted during the peak use season include at least
             qualitative repor"s of floatables.


             Parameter(s): Shoreline habitats/sensitive areas
             Objectives Met: 5, 6
             Frequency: Every five years
             Approximate Number of Stations: N/A
             Rationale/Lead Agency/Relationship to Other Monitoring Programs:
             Field and (especially) aerial surveys of shoreline habitats (e.g., wetlands) and
             sensitive areas in the watershed will provide important information on the
             effectiveness of regulatory and planning measures taken to protect such
             habitats. This could be coordinated with periodic surveys already performed by
             DEPE's tidelands bureau..


             Parameter(s): River discharge and quality
             Objectives Met: 1, 4, 6
             Frequency: Monthly
             Approximate Number of Stations: 4-10
             Rationale/Lead Agency/Relationship to Other Monitoring Programs:
             The Division of Science and Research (DSR) has monitored nutrients in four of
             the bay's tributaries (Metedeconk River, Toms River, Kettle Creek, and Cedar
             Creek) since 1989. The U.S. Geological Survey monitors flow and nutrient
             levels at one station on the Toms River, and maintains flow gauging stations on
             other streams. These programs should be used as the starting point for an
             overall nutrient monitoring program for the bay's tributary streams. The four
             streams chosen by DSR account for most of the river discharge into the bay;
             additional streams could be added to provide more complete coverage. The
             N.J..Geological Survey, other DEPE monitoring units, the U.S. Geological
             Survey or the Ocean County Health Department (whose existing monitoring
             program includes some river stations) could serve as the lead agency for this
             important program.









                 Parameter(s): Bird abundance, reproductive success
                 Objectives Met: 2, 8
                 Frequency: Annual
                 Approximate Number of Stations: 4
                 Rationale/Lead Agency/Relationship       to Other Monitoring Programs:
                 Measurements of the abundance of the numerous waterfowl and other birds
                 that nest and/or feed in Samegat Bay will provide another indication of the
                 overall health uf the bay. As is also *the case for fish and shellfish, year-to-year
                 variations will be less important than the long-term record.

                 Monitoring the reproductive success of a few species that nest, feed, and raise
                 their young in the bay is a slightly more sophisticated method of using birds as
                 an ecological indicator. Ideally, the species chosen should have a sizeable and
                 well-defined population that uses the bay and its resources exclusively (or
                 almost exclusively) during its breeding and nesting season, and have
                 populations in other estuaries that could provide a basis for comparison.
                 Colonial species, as opposed to those that nest apart, are easiest to monitor
                 efficiently. Finally, species that feed on invertebrates or fish, and thus occupy a
                 higher trophic level than herbivores, will be better "integrators" of overall
                 ecosystem health. The success of the Manomet Bird Observatory's "Harbor
                 Herons" project (Trust for Public Land, 1990) illustrates the potential usefulness
                 of such a program. It could be undertaken by DEPE's Division of Fish,'Game
                 and Wildlife, or by outside researchers; in either case, substantial funds would
                 be required.


                 Parameter(s): Toxic contaminants in birds
                 Objectives Met: 4, 6, 8
                 Frequency: Annually or less frequently
                 Approximate Number of Stations: 2-4
                 Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                 This program would complement the monitoring of bird abundance and -
                 reproductive success described above. As for aquatic blota, there is a need for
                 screening-level survey of common pollutants such as PcBs, pesticides, and
                 trace metals before a specific program can be designed.









                Parameter(s): Boati-ng use
                Objectives Met: 4, 6
                Frequency: Monthly to annually
                Approximate Number of Stations: NIA
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                Recreational boating is an important and intense use of the bay. The
                monitoring program should include the collection of data that can show trends
                in this activity. Annual surveys of the number of marina slips occupied will yield
                information on overall boating pressure; monthly (weekend and weekday)
                surveys of the number of boats on the bay (either bay-wide or in a given portion
                of the bay) will yield data on boating intensity. This latter activity could be part of
                DEPE's periodic summertime helicopter surveys of the shore.


                Parameter(s): Atmospheric (and other) pollutant inputs
                Objectives Met: 4, 6
                Frequency: Annually
                Approximate Number of Stations: N/A
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                Direct atmospheric inputs of pollutants, especially nutrients, may be a significant
                component in overall pollutant loading. Such information could be collected by
                DEPE, or-could be gleaned from programs conducted elsewhere in the
                Northeast. Long-term trends, and not year-to-year changes, are most important.


                Parameter(s): Climate/weather data
                Objectives Met:, 1
                Frequency: N/A
                Approximate Number of Stations: N/A
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                NOARs climatological data (air temperature, insolation, rainfall, and other
                climate parameters) are acquired annually on disk by the DEPE's Geological
                Survey and should be available to the Bamegat Bay Management staff.








                 Parameter(s): Groundwater discharqe and qua-lity
                 Objectives Met: 1, 4
                 Frequency: Annual
                 Approximate Number of        Stations: 5-10(?)
                 Rationale/Lead Agency/Relationship to Other Monitoring Programs-
                 The existing program of the Ocean County Health Department, in which
                 groundwater at 150 sites (fifty sites each year on a rotating basis) is monitored
                 for bacteria, metals, nitrogen, phosphorus, and hardness, could serve this
                 function, The specific forms of nitrogen and phosphorus measured and the
                 analytical techniques used would need to be consistent with those selected in
                 the monitoring programs for the bay and for rivers. A small subset of the
                 stations monitored by the county would likely be sufficient.

                 Groundwater discharge to the bay, the other critical parameter in determining
                 nutrient loading to the bay from groundwater, is hot well characterized.
                 However, once it is characterized, groundwater flow should not be subject to
                 extreme variation from year to year. We therefore do not recommend routine
                 groundwater fJQ-w- monitoring, but rather research to characterize the magnitude
                 of direct groundwater discharge to the bay.


                 Parameter(s): Fishing effort and landings
                 Objectives Met: 2, 4, 6
                 Frequency: Annual
                 Approximate Number of Stations: N/A
                 Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                 Annual surveys of.fishing effort and landings (at least for important resource
                 species) provide critical data for any effort to manage the bay's fisheries
                 resources. DEPE's marine fisheries and shellfish bureaus 'are responsible for
                 such an effort. Important species for such a program include hard clams, blue
                 crabs, and flounder. (See also section on fisheries management.)


                 Parameter(s): Dredging (area and volume)
                 Objectives Met: 4
                 Frequency: Annual
                 Approximate Number of Stations: N/A
                 Rationale/Lead Agency/Relationship to         Other Monitoring Programs-
                 Information collected by DEPE regulatory programs responsible for dredging
                 and dredged matedal disposal practices should be provided to the Barnegat
                 Bay Ambient Monitoring Program. Such information is needed for a full
                 assessment of habitat conditions and changes.









                 E. Chesapeake Bay Prparam Approach

                 1-.-Manaaement Issues
                        Any environmental monitoring program must be designed to answer not
                 only technical or scientific questions but to address important management
                 issues as well. In fact, this may be viewed as its l2rimajy function. Presumably,
                 beginning with bL-neficial uses and moving on to select parameters, as in the
                 PSAMP.approach described above, will ensure that the relevant issues are
                 covered. Still, as a check on the adequacy of the proposed program, the
                 Research and Monitoring Subcommittee followed the approach suggested by
                 the Chesapeake Bay Program (Maryland Department of Health & Mental
                 Hygiene, 1987). That approach calls first for listing the management issues that
                 are driving the program. Review of the Barnegat Bay Management
                 Recommendations (Rogers, Golden and Halpern, 1990b) yielded the following
                 set of issues:

                 - Control of NPS pollution from both existing and new development

                 - Maintenance of beneficial uses of the bay

                 - Preservation of open space in the watershed

                 - Protection of sensitive areas (wetlands, submerged aquatic vegetation, fish
                 spawning/nursery/migratory areas, colonial waterbird nesting areas, sites
                 associated with endangered or threatened species, waterfowl staging areas,
                 clam beds)

                 - Various issues associated with boating (allocation, restrictions, use conflicts,
                 waste disposal)

                 - Fishery resources (safety, sustainability, enhancement)

                 - Access (needs and impacts)

                 - Data gaps (privately funded dredging, sediment toxic7dy)

                 2. Management Questions
                       The CBP then calls for development of a set of management questions
                 that should be addressed by the monitoring plan. The plan separates these
                 questions into three categories (trends, characterization, processes & causes)-
                 After finding that many questions seemed to fit on more than one category, the
                 Research & Monitoring subcommittee decided to compile a single list of
                 potential management questions pertinent to Barnegat Bay. The monitoring
                 plan, as described, should be able to address these questions.

                 Is the level or extent of (dissolved oxygen, turbidity, primary production,
                 submerged aquatic vegetation) changing?- Are stocks of important resource
                 species going up or down?

                 Are coliform (or other indicator) levels changing (Winter/summer, wet/dry
                 weather)?

                 Is the bay "healthy," as reflected by ecological indicators?









                Parameter(s): Regu!atory and management measures
                Objectives Met: 6
                Frequency: Annually
                Approximate Number of Stations: N/A
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                The scope and nature of regulatory and management initiatives by federal,
                state, county or local agencies iagarding land use, water quality, habitat
                protection, and other areas likely to affect the bay should be compiled annually,
                by the permanent technical staff.


                Parameter(s): Socioeconomic conditions
                Objectives Met: 4, 6
                Frequency: Annually or as available
                Approximate Number of Stations: N/A
                Rationale/Lead Agency/Relationship to Other Monitoring Programs:
                Data on population levels, land use/land cover in sUb-watersheds, and other
                relevant parameters (e.g., percentage of population on septic systems or
                community sewer systems) should be compiled periodically, as was done for
                the Barnegat Bay Profile. This information is a necessary part of any effort to
                interpret changes in the bay's water quality.

                Parameter(s): Rare plant and animal populations
                Objectives Met: 2,5,6,8,
                Frequency: 5 year intervals to determine trends
                Approximate Number of Stations: 117 species, 624 total occurrences
                Rationale/Lead Agency/ Relationship to Other Monitoring Programs:
                it is important to monitor existing populations of endangered species to
                determine H land use protection measures proposed in the' Plan are working to
                preserve species andtheir habitats. Additional rare species should be
                monitored as general indicators of the health of the Bay ecosystem's
                biodiversity. After the first baseline inventory, monitoring surveys should be
                conducted at five year intervals. The Natural Heritage Database is designed to
                track the information to be gathered including population, size, habitat quality,
                management needs, etc. The State Endangered and Nongame Species
                Program surveys rare animal species and the State Natural Heritage Program
                conducts surveys of rare plant species, but neither program has the funds
                necessary to carry out adequate monitoring programs for the study area.











                  Is land use in the watershed changing?

                - Are the fish and shellfish safe to eat?

                - Is it safe to swim in the bay?

                - Where are the critical areas for preservation of wildlife?

                - Is access to the bay adequate?

                - How much nitrogen and phosphorus enter the bay from various sources?
                How much could be controlled?

                - How many boats use the bay? Has this number increased or decreased?
                How many marina slips are there? How much habitat is lost to marina
                development?

                - How much dredging takes place? Where? And where is the material
                dumped?

                - How does runoff quality (or storm drain discharge) change under various
                development scenarios, and with various controls (buffers, etc.)? (See
                Research discussion below.)

                F.    EjMsyWern Indicators
                      Of particular importance among the parameters discussed above are
                ecosystem indicators. These are parameters that provide fairly direct
                information about ecosystem health by integrating different processes and/or
                tmphic levels and can therefore be understood as reflecting the ecosystem as a
                whole, rather than a narrow portion of ft. Good ecosystem indicators.are -also
                understandable, without extensive analysis or technical explanations, to the
                general public. In that sense they play an educational and public awareness
                role as well as a technical or "manageriar mle. They could, for example, serve
                as the basis for periodic "State of the Bar reports.

                      In light of these criteda, possible ecosystem indicators among the
                parameters discussed above include:

                - Dissolved oxygen in bottom waters

                - Percentage of shellfish beds meeting water quality standards

                - Percentage of the bay meeting "swimmable" criteria

                - Acres of submerged aquatic vegetation

                - Number of nesting bird pairs/numbers of young fledged

                G.    Data Management and Sto=e
                      Perhaps the most important function of the permanent technical staff will
                be data management. The value of the monitoring program to managers,
                regulators, and the public will depend to a great degree on the timely analysis,









                    be seen as a critical component of the monitoring program, and not merely as
                    an ancillary or "after-the-fact" activity.

                           In addition to being stored in paper and computer formats that are
                    accessible and clear, the monitoring data should be linked with DEPE's
                    Geographical Information System (GIS) in the Division of Science and
                    Research. As illustrated by the work of Rogers, Golden and Halpern (1 990a) in
                    drawing up the Barnegat Bay profile, the GIS can be an extraordinarily useful
                    tool in organizing and analyzing environmental data.


                    III Research

                           Research into the basic biological and physical processes that "drive" the
                    bay (the causes and solutions of pollution patterns and impaired uses, and
                    better ways to monitor the bay's health) is an essential complement to the
                    ambient monitoring program. The two activities (research and monitoring)
                    proceed along different timetables and have different goals, but can and should
                    inform each other so that each is refined and improved by the results of the
                    other.

                          The Research and Monitoring Subcommittee has identified several areas
                    in which research is critically needed. These include:

                          Nutrient cycling and nutrient budgets

                          Toxic contaminants in sediments, aquatic biota, and birds (to lay the
                          foundaflon for potential monhoring program components)

                          Magnitude of direct groundwater discharge to the bay

                          Relative impact of phytoplan1don blooms and sediment resuspension,on
                          turbidity changes
                    -     Blogeochernical cycling of pollutants

                    -     Extent and seriousness of physical abnormalities in key species, e.g. fin
                          erosion in flounders, shell disease in blue crabs (to lay foundation for
                          potential monitoring program component)

                    -     Impact of boating and other recreational activities, e.g., on submerged
                          aquatic vegetation (via direct disturbance or through effects on turbidity)

                    -     Pollutant loadings from power bo    ats

                    -     Modelling of water quality, nutrient cycling, etc. to identify control
                          strategies

                          Identification of eroding shorelines and estimation of erosion rAtes;
                          determination of causes and erosion prevention strategies

                          Effect/effectiveness of development controls, nonpoint source controls
                          (e.g. buffers), etc. on runoff quality and storm drain discharge quality









                       However, the subcommittee did not conclude that it had identified ali
                important research questions. The list above is offered as a starting point for a
                larger discussion.

                      A mutually acceptable set of priorities for research in Barnegat Bay
                needs to be developed by the scientific community, resource managers, policy
                makers, other involved parties and the general public. The Research and
                Monitoring Subcommittees (both NJDEPE and citizens' groups) should form the
                Research Committee thatincludes representatives of academic institutions,
                state and federal agencies, the business community, agriculture, environmental
                groups and pdvate research organizations. This committee would develop a
                process for establishing research priorities in Barnegat Bay and then generate
                a ranked list of pdorities for funding.

                      In addition to identifying and ranking research priorities, the committee
                will:

                      (1) provide a closer connection between the research agenda of the
                scientific community and the information needs of managers, regulators and
                those involved in decisions to manage the bay; and,

                   (2) provide a focal point for investigations that increase our general
                knowledge of the Barnegat Bay system but are beyond the purview of a single
                agency.





























































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