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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 ....... ...... ............. ................... . ...........- ......... ...........................%...... ................................ ........... ............ . ........... ......... . .... .............. . Xx, .......... ........... .............. ............ ........ . .. .. .... ..... ......... .......... . ......... ............................. .... .... .... ........... .. .. ........ . ..................... .. ........ . . . ........ ................... ... ........... ......... ............ . . . .... ... . ..................... ........... ............ ...... ....................- ............................ .... .................. ........... ................ ................. . .........:... ................. .................. ............ .. ...... .... .......... . . . . . . . . . . ............... ......... ........................ .................... .. ........ bb: ........... ..... .. . . ........ . ........... ... .... .... ...................... ..... . .................. ...... IN . . . . . . . . . . . . . ..... . . ....... Jim Florio, Governor State of New Jersey Scott Weiner, Commissioner New Jersey Department of Environmental Protection and Energy lavqhL 4 0 Id 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. �1451 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 ZONINC FOR UNDEVELOPED LAND IN THE BARNEGAT BAY STUDY AREA 7jg;;@ /t. <wo- ! Wl olooFlIv 0 RESIDENTIAL 0 COMMERCIAL INDUSTRIAL DEVI lb 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 ZONINC FOR UNDEVELOPED LAND IN BARNEGA T TWP 10 00, 10 RESIDENTIAL M COMMRCIAL 0 INDUSTRIAL N MOVE bcs BARNEGAT TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 40000- 30000- lu 20000- 1986 LAND USE BUILD OUT z 0 10000- 0 PHOSPHOROUS NMIOGEN GOD POLLUTANT BARNEGAT TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 30 200- cc 1986 LAND USE BUILD OUT 0 CL 100- 0-- ZINC LEAD POLLUTANT STAGES OF DEVELOPMENT IN BERKELEY TWP POPULATION - 36256 SIZE 51.609 SQ.MI. IVA 10 DEVELOPED LAND 1972 M DEVELOPED LAND 1986 0 UNDEVELOPED LAND N NOW ZONING FOR AVAILABLE LAND IN BERKELEY TWP ol ol EO RESIDENTIAL 0 COMMERCIAL 0 9 INDUSTRIAL BERKELEY TOWNSHIP POLLUTANTS FROM STORMWATEh RUNOFF 1986 LAND USE VS. BUILD OUT 400000 300000- cc w 200000 1986 LAND USE z BUILD OUT 0 100000. 0 -4 PHOSPHOROUS NM:CGr:N BOD I POLLUTANT BERKELEY TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 3000- 2000- 11986. LAND USE BUILD OUT 0 CL 1000- 0 LEAD POLLUTANT 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 ZONING FOR AVAILABLE LAND IN BRICK TOWNSHIP ol RESIDENTIAL P lu@L if N COMMERCIAL IM INDUSTRIAL 050 ol N JI BRICK TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 120000 100000- 80000- cc qc Lu >- 60000. 1986 LA.ND USE 0 z BUILD ou'r 0 40000. 20000- o-4-- PHOSPHOROUS NIRROGEN BOD POLLUTANT BRICK TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 800- 600- cc 19N LAND USE 400- BUILD OUT 0 IL 200- 2INC LEAD POLLUTANT STAGES OF DEVELOPMENT IN DOVER T POPULATION - 76029 SIZE 53.325 SQ.MI. M6 b ps C3 DEVELOPED LAND 1972 DEVELOPED LAND 1986 Cl UNDEVELOPED LAND ZONING FOR AVAILABLE LAND IN DOVER TWP ol 10 ol 1 ol A ol 0Z 10 AL OL C3 Ea RESIDENTIAL f. M CO"ERCIAL im INDUSTRIAL DOVER TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 200000- Lu 1986 LAND USE 100000- BUILD OUT z 0 IL 0 PH09WROW MROGEN BOD POLLUTANT DOVER TOWNSHIP POLLUTANTS FROM STORMWATtR RUNOFF 1986 LAND USE VS. BUILD OUT 1500 A 1000- 1986 LAND USE 13UILD OUT z 0 CL Soo. //Nz@ 0 ZNC LEAD POLLUTANTS STACES OF DEVELOPMENT IN JACKSON TWP POPULATION 32832 dt SIZE 100.652 SQ.MI. wit s 0 DEVELOPED LAND 1972 N DEVELOPED LAND 1986 0 UNDEVELOPED LAND ZONINC FOR AVAILABLE LAND IN ol JACKSON TWP 1 0- -1/. 01. 1, Zoo ol 70 oo vlo 0@4 110 0, 0, / -- ;2 0 RESIDBNTIAL A/ 'o r p M CO"ERCIAL o', z ol 10 INDUSTRIAL 0 ozz or oo o" JACKSON TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 30000 200000 cc 4c Lu 1986 LAND USE BUILD OUT z 0 0 CL 100000- o4-- PHOSPHOROUS NM:CGr:N BCD POLLUTANT JACKSON TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 2000 Lu 1986 LAND USE ch 1000- BUILD OUT 0 CL 0-1 ZINC LEAD POLLUTANT STAGES OF DEVELOPMENT IN LACEY TOWNSHIP & DEVELOPED LAND 1972 POPULATION - 21999 SIZE 101.170 SQ.MI. E DEVELOPED LAND 1986 0 UNDEVELOPED LAND ZONINC FOR AVAILABLE LAND IN LACEY TWP * RESIDENTIAL * COMMERCIAL IM INDUSTRIAL OF oll A o 00 001, If 50 0 'lee fz milL LACEY TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 120000- 100000- 80000 cc 4 Lu 60000 1986 LAND USE -Z M BUILD OUT m 0 40000- 20000- 0 PHOSPHOROUS NMIOGEN BOID POLLUTANT LACEY TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 800 600- Lu 198GLANDUSE 400- z BUILD OUT 0 200- @5 0 4- ZINC LEAD POLLUTANT ZONINC FOR AVAILABLE LAND IN LAKEHURST BORO 0 COMMERCIAL El INDUSTRIAL WIFE STACES OF DEVELOPMENT IN LAKEHURST BORO POPULATION - 3041 SIZE 1.006 SQ.MI. On% M DEVELOPED LAND 1972 E DEVELOPED LAND 1986 0 UNDEVELOPED LAND LAKEHURST BORO POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 8000 6000- Lu 4000- 1986 LAND USE z BUILD OUT 0 2000. 04- PHOSPHOROUS NMIOM BOD POLLUTANT LAKEHURST BORO POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 60 so- 40 ul z 1986 LAND USE 30- Z, :;I.- BUILD OUT z 0 20- 10. ZINC LEAD POLLUTANT 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 ZONING FOR AVAILABLE LAND IN LAKEWOOD TWP ell 4 de 7 o" -.0 50 zo. Ile VIX/ or -*am 0 RESIDENTIAL 00 -Jo/ Z 'e, M CO"ERCIAL M INDUSTRIAL -=WY .0 oe 0 0 LAKEWOOD TOWNSHIP POLLUTANTS FROM STORMWATEn RUNOFF 1986 LAND USE VS. BUILD OUT 150000 100000- cc 4c w 1986. LWD USE z aum our 0 0 50000- 0 Z PHOSPHOROUS NM40M BOD POLLUTANT LAKEWOOD TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 100 800- 600- 1986 LAND USE BUILD OUT 0 400- 200- 0 ZINC LEAD POLLUTANT STAGES OF DEVELOPMENT IN MANCHESTER TWP POPULATION 35457 SIZE 62.702 SQ.M[. 0 DEVELOPED LAND 1972 E DEVELOPED LAYD 1986 0 UNDEVELOPED LAND ZONING FOR AVAILABLE LAND IN MANCHESTER TWP 7A Err .01 01. 10- W". ?y RESIDENTIAL E CO"ERCIAL 10 INDUSTRIAL MANCHESTER TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 200000 LLI U) 100000- 1986 LAND USE z BUILD OU'r 0 0 CL o4-- PHOU440ROUS NffFK)GEN BOD POLLUTANT MANCHESTER TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 1200 1000- 800- 1986. LAND USE BUILD OUT 600- 0 IL 400- 200- 0 zlqc POLLUTANT 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 0 RESIDENTIAL E COMMERCIAL IM INDUSTRIAL 14 00 OF, OCEAN TOWNSHIP PO LLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 50000 40000. 30000. w 1986 LAND USE 0 z BUILD OUT 0 20000. 10000. 0 PH06PHOROUS Nffpom BOD POLLUTANT OCEAN TOWNSHIP POLLUTANTS FROM STORMWATER RUNOFF 1986 LAND USE VS. BUILD OUT 400- 300- 1986 LAND USE 2oo- BUILD OUT 0 IL 100- o ZINC LEAD POLLUTANT 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 b<N EZ RESIDENTIAL ZN, R. COJWRCIAL 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 CECIL COUNTY POINT SYSTEM 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 CECIL COUNTY POINT SYSTEM 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 CECIL COUNTY POINT SYSTEM 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 � 84-37 MARLBORO CODE � 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 � 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 � 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 � 84-38 MARLBORO CODE � 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* � 84-38 LAND USE DEVELOPMENT. � 84-38 B. Permitted accessory uses. (1) Private garages and carports., (2) Fences, subject to the provisions of � 84-58 of this chapter. (3) Private swimming pool, subject to the provisions of � 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 � 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 � "62 of this chapter. @ G. Off-street parking is subject to the provisions of 84-60 of this chapter. 8561 7-25-90 � 84-38 MARLBORO CODE � 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 � 84-38A(7), reduction of lot size shall be permit- ted according to the following standards and the cluster provisions of � 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 � 84-38 LAND USE DEVELOPMENT � 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) � 84-38 MARLBORO CODE � 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 � 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 � 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 � 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 � 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 � 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 � 84-118 of the Land Use Development Ordinance of Marlboro. (5) Signs. Project entry and identification signs and signs permitted per � 84-62 of this chapter are permitted. (6) Parking. Parking is permitted as provided in Subsection (2XcJ13] above and otherwise as per � 84-60 of this chapter. (7) Fences. Fences are permitted as per � 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 � 84-38 LAND USE DEVELOPMENT � 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. � 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 � 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!.:-._, t on th .no L pq@c` .qu@,4qN q@qdent data' qii6qR C teqm'i-wqi -aim' qA6qq qV MIA 0qU! -q=%. ecies and U211tqy, 4qWqAe-at tworql 2qN P qq 1q8qi qpqle6qw 0qan e rkeep8q4 V _q16q";3 tqw 2gqq @Jh tat. qr'" qihqdn AIS d ts q;qpUblicqizes-findli qY .aqpd' U8q", yln 2qVl2qw0qm e. 1, q0 1k qre, r_1 VIA th 2qT2qT *qpu -'A I a 01 ons 0qI'qL*2;q10 q1 77f.. All -qX 3 4q7- 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 � proposed policy committment of the County to undertake � 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 This Document Has Been Printed On 100% Recycled Paper. 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: � Average marina depth at low and high tide following completion of dredging, based upon the representative tidal range of the area, � Volume of non-ticW fivsfiwater inflow into the marina, � Surface area of the marina, and � 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 � BOATING (2) Odor (2) Floatables � HUNTINGITRAPPING (2) Abundance � 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. US Department of Commerce NOAA Coastal Services Center Library 2234 Soutla CharReston, SC 204@05-24-13 NOM COASTAL SERVICES CM LIBRARY 3 6668 14111510 7