N.J. Admin. Code § 7:45-9.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:45-9.4 - Conditional uses within stream corridors

(a) The following uses may be permitted within a stream corridor of a water course as defined in 7:45-1.3 that does not directly enter the Canal, if the applicant demonstrates to the satisfaction of the Commission that the proposed use complies with the Master Plan and this chapter:

1. Recreational paths;

2. Outlet installation for sewage treatment plants and sewage pumping stations, and the expansion of existing sewage treatment facilities;

3. Private or public water supply wells that have a sanitary seal;

4. Culverts, pipelines, bridges and roads that cross the corridor as directly as practical, and that have received approval from the appropriate municipal, county and State agencies having such authority. Crossings shall be designed to ensure that fish passage is unimpeded when the water level of the stream is at its lowest, unless the applicant demonstrates that the stream is unsuitable for habitation by fish and will remain so for the foreseeable future. The applicant shall ensure fish passage by maintaining the existing gradient and bottom contours of the water body to the extent possible, and by using arched culverts, or other structures that will ensure unimpeded fish passage;

5. Sanitary or storm sewers;

6. Outfall structures associated with storm water management facilities;

7. Underground utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices approved by the United States Soil Conservation Service and the State Soil Conservation Committee and in a manner that will not impede flows or cause ponding of water; and

8. If the project site is a lot totaling less than one acre, and if the lot has been in existence since January 1989, the construction of one house or portion thereof may be conditionally permitted within the stream corridor. This conditional use does not apply, however, to the 100-year floodplain portion of the stream corridor.

(b) The following uses may be permitted within a stream corridor of a water course that enters directly into the Canal as defined at 7:45-1.3, if the applicant demonstrates to the satisfaction of the Commission that the proposed use complies with the Master Plan and this chapter:

1. Recreational paths;

2. Private or public water supply wells that have a sanitary seal;

3. Culverts, pipelines, bridges and roads that cross the corridor as directly as practical, and that have received approval from all appropriate municipal, county and State agencies having such authority. Crossings shall be designed to ensure that fish passage is unimpeded when the water level of the stream is at its lowest, unless the applicant demonstrates that the stream is unsuitable for habitation by fish and will remain so for the foreseeable future. The applicant shall ensure fish passage by maintaining the existing gradient and bottom contours of the water body to the extent possible, and by using arched culverts, or other structures that will ensure unimpeded fish passage;

4. Underground utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices approved by the United States Soil Conservation Service and the State Soil Conservation Committee and in a manner that will not impede flows or cause ponding of water; and

5. Flow or water quality measuring devices.

N.J. Admin. Code § 7:45-9.4