N.J. Admin. Code § 7:7-16.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:7-16.11 - Buffers and compatibility of uses

(a) Buffers are natural or man-made areas, structures, or objects that serve to separate distinct uses or areas. Compatibility of uses is the ability for uses to exist together without aesthetic or functional conflicts.

(b) Development shall be compatible with adjacent land uses to the maximum extent practicable.

1. Development that is likely to adversely affect adjacent areas, particularly special areas, N.J.A.C. 7:7-9, or residential or recreation uses, is prohibited unless the impact is mitigated by an adequate buffer. The purpose, width, and type of the required buffer shall vary depending upon the type and degree of impact and the type of adjacent area to be affected by the development, and shall be determined on a case-by-case basis.

2. The standards for wetland buffers are found at 7:7-9.28.

3. The following apply to buffer treatment:

i. All buffer areas shall be planted with appropriate vegetative species, either through primary planting or supplemental planting. This landscaping shall include use of mixed, native vegetative species, with sufficient size and density to create a solid visual screen within five years from the date of planting.

ii. Buffer areas which are forested may require supplemental vegetative plantings to ensure that acceptable visual and physical separation is achieved.

iii. Buffer areas which are non-forested will require dense vegetative plantings with mixed evergreen and deciduous trees and shrubs. Evergreens must be at least eight feet tall at time of planting; deciduous trees must be at least three inches caliper, balled and burlapped; shrubs must be at least three to four feet in height.

(c) Rationale: The juxtaposition of different uses may cause various problems. An activity may cause people to experience noise, dust, fumes, odors, or other undesirable effects. Examples of possible incompatible uses include factories or expressways next to housing, residential developments next to farms, and residential, commercial or industrial development adjacent to wetlands or endangered or threatened wildlife or vegetation species habitat. Vegetated buffer areas between uses can overcome, or at least ameliorate, many of these problems especially if earthen berms are included. Buffers can benefit users of both areas. Where farms operate near a residential area, for example, a buffer can protect residents from of the noise and smells of farming, while protecting the farmers from the imposition of local regulations controlling hours in which machinery can be used.

Buffers serve several important functions, including maintenance of wildlife habitat, water purification, open space and recreation, and control of runoff. Buffers may include fences, landscaped berms, and vegetated natural areas.

N.J. Admin. Code § 7:7-16.11

Renumbered from 7:7E-8.13 by 47 N.J.R. 1392(a), effective 7/6/2015