§ 5.5-7. Required conditions.

(a)

All development and redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development review process, including the approval of a site plan in accordance with the provisions of the zoning ordinance or a subdivision plan in accordance with the subdivision ordinance.

(b)

Development in RPAs may be allowed only if it is: water dependent; is a road or driveway crossing satisfying the conditions set forth in section 5.5-7(b)(2); constitutes redevelopment; or is a new use established pursuant to section 5.5-9(c)(2) of this chapter.

(1)

A new or expanded water-dependent facility may be allowed provided that the following criteria are met:

a.

It does not conflict with the comprehensive plan;

b.

It complies with the performance criteria set forth in this chapter;

c.

Any non-water dependent component is located outside of the resource protection areas; and

d.

Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided.

(2)

Roads and driveways not exempt under section 5.5-13(a)(1) and which, therefore, must comply with provisions of this chapter, may be constructed in or across Resource Protection Areas if each of the following conditions is met:

a.

The director makes a finding that there are no reasonable alternatives to aligning the road or driveway in or across the Resource Protection Area;

b.

The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize (i) encroachment in the Resource Protection Area and (ii) adverse effects on water quality;

c.

The design and construction of the road or driveway satisfy all applicable criteria of this chapter, including submission of a water quality impact assessment; and

d.

The director reviews and approves the plan for the road and driveway proposed in or across the Resource Protection Area in coordination with Gloucester County site plan, subdivision and plan of development approvals.

(3)

Redevelopment shall be permitted in the RPA only if there is no increase in the amount of impervious cover and no further encroachment within the Resource Protection Area, and it shall conform to erosion and sediment control and stormwater management requirements.

(c)

A water quality impact assessment in accordance with the provisions of section 5.5-11 of this chapter shall be required for any proposed land disturbance, development or redevelopment within CBPAs when required by the director because of the unique characteristics of the site or intensity of development or potential impacts on water quality or RPAs. A water quality impact assessment is required for any land disturbance, development or redevelopment within the resource protection area.

(d)

Plans of development or water quality impact assessments are not required for agricultural lands.

(Ord. of 12-4-2012)

(Ord. of 12-4-2012)