Wetlands are those areas where the substrate is inundated or saturated by surface or ground water at a frequency, magnitude and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions known as "hydrophytes." Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. The Town of Hammonton does not have any area of coastal wetlands classification, but does possess inland wetlands, including submerged lands as defined in N.J.A.C. 7:50-6.3 of the New Jersey Comprehensive Management Plan.
A. Regulated activities.
(1) Development shall be prohibited in all wetlands and wetlands transition areas within the town except as otherwise specified in this section.
[Amended 6-28-1993 by Ord. No. 13-1993]
(2) Horticulture of native pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of § 175-88 of this chapter.
(3) Beekeeping shall be permitted in all wetlands.
(4) Forestry shall be permitted in all wetlands subject to the requirements of § 175-104 of this chapter.
(5) Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 4-22-2013 by Ord. No. 005-2013]
(6) Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming, and other low intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B of this section.
[Amended 4-10-1989 by Ord. No. 7-1989]
(7) Docks, piers, moorings and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact as set forth in Subsection B of this section.
(8) Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that there is a demonstrated need for the facility that cannot be met by existing facilities; the development conforms to all state and federal regulations; and the development will not result in a significant adverse impact as set forth in Subsection B of this section.
(9) Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities shall be permitted in wetlands, provided that:
[Amended 4-10-1989 by Ord. No. 7-1989; 6-28-1993 by Ord. No. 13-1993]
(a) There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.
(b) The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.
(c) The use represents a need which overrides the importance of protecting the wetlands.
(d) Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.
(e) The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
(10) No development, except for those uses which are specifically authorized in this section, shall be carried out within 300 feet of any wetlands unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetlands as set forth below in Subsection B.
B. For the purpose of determining a significant adverse impact on wetlands, the following standards shall be used. Determinations under this section shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland. A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:
[Amended 4-10-1989 by Ord. No. 7-1989; 6-12-1989 by Ord. No. 19-1989]
(1) An increase in surface water runoff discharging into a wetland.
(2) A change in the normal seasonal flow patterns in the wetland.
(3) An alteration of the water table in the wetland.
(4) An increase in erosion resulting in increased sedimentation in the wetland.
(5) A change in the natural chemistry of the ground- or surface water in the wetland.
(6) A loss of wetland habitat.
(7) A reduction in wetland habitat diversity.
(8) A change in wetland species composition.
(9) A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
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