[Adopted 9-24-2007 by Ord. No. 2007-19]
A.
The governing body of the City of Bordentown finds
that riparian lands adjacent to streams, lakes, or other surface water
bodies that are adequately vegetated provide an important environmental
protection and water resource management benefit. It is necessary
to protect and maintain the beneficial character of riparian areas
by implementing specifications for the establishment, protection,
and maintenance of vegetation along the surface water bodies within
the jurisdiction of the City of Bordentown, consistent with the interest
of landowners in making reasonable economic use of parcels of land
that include such designated areas. The purpose of this Part 4 is
to designate Riparian Buffer Conservation Zones, and to provide for
land use regulation therein in order to protect the streams, lakes,
and other surface water bodies of the City of Bordentown; to protect
the water quality of watercourses, reservoirs, lakes, and other significant
water resources within the City of Bordentown; to protect the riparian
and aquatic ecosystems of the City of Bordentown; to provide for the
environmentally sound use of the land resources of the City of Bordentown,
and to complement existing state, regional, county, and municipal
stream corridor protection and management regulations and initiatives.
B.
The specific purposes and intent of this Part 4 are
to:
(1)
Restore and maintain the chemical, physical, and biological
integrity of the water resources of the City of Bordentown;
(2)
Prevent excessive nutrients, sediment, and organic
matter, as well as biocides and other pollutants, from reaching surface
waters by optimizing opportunities for filtration, deposition, absorption,
adsorption, plant uptake, biodegradation, and denitrification, which
occur when stormwater runoff is conveyed through vegetated buffers
as stable, distributed sheet flow prior to reaching receiving waters;
(3)
Provide for shading of the aquatic environment so
as to moderate temperatures, retain more dissolved oxygen, and support
a healthy assemblage of aquatic flora and fauna;
(4)
Provide for the availability of natural organic matter
(fallen leaves and twigs) and large woody debris (fallen trees and
limbs) that provide food and habitat for small bottom-dwelling organisms
(insects, amphibians, crustaceans, and small fish), which are essential
to maintain the food chain;
(5)
Increase streambank stability and maintain natural
fluvial geomorphology of the stream system, thereby reducing streambank
erosion and sedimentation and protecting habitat for aquatic organisms;
(6)
Maintain base flows in streams and moisture in wetlands;
(7)
Control downstream flooding; and
(8)
Conserve the natural features important to land and
water resources, e.g., headwater areas, groundwater recharge zones,
floodways, floodplains, springs, streams, wetlands, woodlands, and
prime wildlife habitats.
The municipality of the City of Bordentown is
empowered to regulate land uses under the provisions of the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes
each municipality to plan and regulate land use in order to protect
public health, safety and welfare by protecting and maintaining native
vegetation in riparian areas. The City of Bordentown is also empowered
to adopt and implement this Part 4 under provisions provided by the
following legislative authorities of the State of New Jersey:
A.
Water Pollution Control Act, N.J.S.A. 58:10A et seq.
B.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
C.
Spill Compensation and Control Act, N.J.S.A. 58:10-23
et seq.
D.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq.
E.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50
et seq.
As used in this Part 4, the following terms
shall have the meanings indicated:
The Planning Board or Board of Adjustment or Construction
Office with all of the powers delegated, assigned, or assumed by them
according to statute or ordinance.
A person applying to the Planning Board, Board of Adjustment
or the Construction Office proposing to engage in an activity that
is regulated by the provisions of this Part 4, and that would be located
in whole or in part within a regulated riparian buffer conservation
zone.
The meaning ascribed to this term by the Surface Water Quality
Standards at N.J.A.C. 7:9B-1.15, which have been identified for protection
from degradation in water quality characteristics because of their
clarity, color, scenic setting, and other characteristics of aesthetic
value, exceptional ecological significance, exceptional recreational
significance, exceptional water supply significance, or exceptional
fisheries resources.
Those waters not designated as outstanding natural resource
waters or Category One in the Surface Water Quality Standards at N.J.A.C.
7:9B-1.15 for purposes of implementing the antidegradation policies
set forth at N.J.A.C. 7:9B-1.5(d).
The meaning ascribed to this term by the Flood Hazard Area
Control Act (N.J.S.A. 58:16A-50 et seq.) and regulations promulgated
thereunder published at N.J.A.C. 7.13 et seq., and any supplementary
or successor legislation and regulations from time to time enacted
or promulgated.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water. Streams shown as
a dashed line on either the USGS topographic quadrangle maps or the
USDA County Soil Survey Maps of the most recent edition that includes
hydrography are included as intermittent streams.
Any impoundment, whether naturally occurring or created in
whole or in part by the building of structures for the retention of
surface water, excluding sedimentation control and stormwater retention/detention
basins and ponds designed for treatment of wastewater.
A stream that flows continuously throughout the year in most
years. These streams usually appear as a blue line on USGS topographic
quadrangle maps or on USDA County Soil Survey Maps.
A plan approved by the Engineer of the City of Bordentown.
The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional, and shall evaluate the effects
of any proposed activity/uses on any RBCZ. The plan shall identify
existing conditions, all proposed activities, and all proposed management
techniques, including any measures necessary to offset disturbances
to any affected RBCZ.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any state open waters identified
in a letter of interpretation issued by the New Jersey Department
of Environmental Protection Land Use Regulation Program shall also
be considered surface water bodies.
A.
Riparian buffer conservation zones (RBCZs) shall be
delineated as follows:
(1)
In the case of Category One (C1) waters, the RBCZ
shall equal the special water resource protection area, and shall
be measured as defined at N.J.A.C. 7:8-5.5(h). Special water resource
protection areas are established along all waters designated as "C1"
at N.J.A.C. 7:9B and perennial or intermittent streams that drain
into or upstream of the C1 waters as shown on the USGS quadrangle
map or in the County Soil Surveys within the associated HUC 14 drainage.
(2)
For areas adjacent to surface water bodies designated
Category Two waters for trout production (FW2-TP), the RBCZ shall
be measured from the defined edge of the intermittent or perennial
stream, or center line if the bank is not defined, and from the defined
edge of a lake, pond or reservoir at bank-full flow or level, and
shall extend 150 feet horizontally outward from the perpendicular.
Where steep slopes (in excess of 10% are located within the designated
widths, the RBCZ shall be extended to include the entire distance
of this sloped area.
(3)
For areas adjacent to other surface water bodies,
the RBCZ shall be measured from the top of the bank of an intermittent
or perennial stream, or center line if the bank is not defined, and
from the defined edge of a lake, pond or reservoir at bank-full flow
or level, and shall extend 75 feet horizontally outward from the perpendicular.
Where steep slopes (in excess of 15% are located within the designated
widths, the RBCZ shall be extended to include the entire distance
of this sloped area to a maximum of 300 feet.
(4)
For areas adjacent to surface water bodies for which the floodway has been delineated, the RBCZ shall cover the entire floodway area, or the area described in § 237-43A(1) or (2), whichever area has the greatest extent. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site-specific information is available.
B.
An RBCZ is an overlay to the existing zoning districts.
The provisions of the underlying district shall remain in full force
except where the provisions of the RBCZ differ from the provisions
of the underlying district, in which case the provision that is more
restrictive shall apply. These provisions apply to land disturbances
resulting from or related to any activity or use requiring application
for any of the following permits or approvals:
C.
A map of the RBCZs of the entire municipality of the
City of Bordentown, including all land and water areas within its
boundaries, which designates surface water bodies, is included as
part of this Part 4, and is appended as Figure 1 of 1.[1] Maps of the municipality on which these designations have
been overlain shall be on file and maintained by the offices of the
Clerk of the City of Bordentown. This map conforms to all applicable
laws, rules and regulations applicable to the creation, modification
and promulgation of zoning maps.
[1]
Editor's Note: The RBCZ map is on file and
available for review at the City offices.
D.
It shall be the duty of the Engineer of the City of Bordentown, every second year after the adoption of this Part 4, to propose modifications to the map delineating riparian buffer conservation zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the RBCZ map, to record all modifications to the RBCZ map required by decisions or appeals under § 237-50, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations. Floodway delineations shall be based upon the state's adopted floodway delineations. However requests for alterations to the adopted delineations can be provided to the Department for consideration if site-specific information is available.
E.
The applicant or designated representative shall be
responsible for the initial determination of the presence of an RBCZ
on a site, and for identifying the area on any plan submitted to the
City of Bordentown in conjunction with an application for a construction
permit, subdivision, land development, or other improvement that requires
plan submissions or permits. This initial determination shall be subject
to review and approval by the Municipal Engineer, governing body,
or its appointed representative, and, where required, by the New Jersey
Department of Environmental Protection.
F.
The municipal Master Plan provides the legal basis
for zoning and land use regulation at the local level. The technical
foundation for local RBCZs in this municipality should be incorporated
into the Master Plan. A technical report on the need for riparian
buffer conservation zones in the City of Bordentown may be adopted
as part of the Master Plan [N.J.S.A. 40:55D-28b(11)]. The technical
report should include the following information: a statement setting
forth the rationale and need to protect RBCZs; and reference to the
methods used to designate and delineate RBCZs.
A.
For Category One (C1) RBCZs, permitted uses are governed
by N.J.A.C. 7:8-5.5(h), unless otherwise exempt. If exempt from N.J.A.C.
7:8-5.5(h), the uses shall be governed by this Part 4 as if the RBCZ
was not a Category One (C1) RBCZ.
B.
Any other RBCZ area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this Part 4 may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no OK altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in RBCZs. No new construction, development, use, activity, encroachment, or structure shall take place in an RBCZ, except as specifically authorized in this section. The following uses shall be permitted within an RBCZ:
(1)
Open space uses that are primarily passive in character
shall be permitted by right to extend into an RBCZ, provided near-stream
vegetation is preserved. These uses do not require approval by the
Zoning Enforcement Officer or compliance with an approved RBCZ management
plan. Such uses include wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, game farms, fish hatcheries and fishing
reserves, operated for the protection and propagation of wildlife,
but excluding structures. Such uses also include passive recreation
areas of public and private parklands, including unpaved hiking, bicycle
and bridle trails, provided that said trails have been stabilized
with pervious materials.
(2)
Fences, for which a permit has been issued by the
Construction Code Office, to the extent required by applicable law,
rule or regulation.
(3)
Crossings by farm vehicles and livestock, recreational
trails, roads, railroads, stormwater lines, sanitary sewer lines,
water lines and public utility transmission lines, provided that the
land disturbance is the minimum required to accomplish the permitted
use, subject to approval by the Zoning Enforcement Officer, provided
that any applicable state permits are acquired, and provided that
any disturbance is offset by buffer improvements in compliance with
an approved RBCZ management plan and that the area of the crossing
is stabilized against significant erosion due to its use as a crossing.
(4)
Streambank stabilization or riparian reforestation,
which conforms to the guidelines of an approved RBCZ management plan,
or wetlands mitigation projects that have been approved by the Department
of Environmental Protection, subject to approval by the Zoning Enforcement
Officer and subject to compliance with an approved RBCZ management
plan.
A.
All encroachments proposed into Category One (C1) RBCZs shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt. If exempt, the encroachment shall be subject to the provisions of § 237-45B below.
B.
For all other RBCZs, the following conditions shall
apply:
(1)
All new major and minor subdivisions and site plans
shall be designed to provide sufficient areas outside of the RBCZ
to accommodate primary structures, any normal accessory uses appurtenant
thereto, as well as all planned lawn areas.
(2)
Portions of lots within the RBCZ must be permanently
restricted by deed or conservation easement held by the City of Bordentown,
its agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the RBCZ. A complete copy of the recorded conservation
restriction that clearly identifies the deed book and pages where
it has been recorded in the office of the clerk of the applicable
county or the registrar of deeds and mortgages of the applicable county
must be submitted to the municipality. The applicant shall not commence
with the project or activity prior to making this submittal and receiving
actual approval of the plan modification and receipt of any applicable
permits from the Department of Environmental Protection. The recorded
conservation restriction shall be in the form approved by the municipality
and shall run with the land and be binding upon the property owner
and the successors in interest in the property or in any part thereof.
The conservation restriction may include language reserving the right
to make de minimus changes to accommodate necessary regulatory approvals
upon the written consent of the municipality, provided such changes
are otherwise consistent with this chapter. The recorded conservation
restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated
activity, date of issuance, and date of expiration, and the conservation
restriction that, in addition, includes all of the prohibitions set
forth at N.J.S.A. 13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and,
where applicable, for any additional properties subject to the conservation
restrictions. Such survey plans shall be submitted on the surveyor's
letterhead, signed and sealed by the surveyor, and shall include metes
and bounds descriptions of the property, the site, and the areas subject
to the conservation restriction in New Jersey State Plane Coordinates,
North American Datum 1983, and shall depict the boundaries of the
site and all areas subject to the conservation restriction as marked
with flags or stakes on site. All such survey plans shall be submitted
on paper and in digital CAD or GIS file on a media and format defined
by the municipality. The flags or stakes shall be numbered and identified
on the survey plan; and
(c)
A copy or copies of deeds for the property as
a whole that indicate the deed book and pages where it has been recorded
in the office of the clerk of the applicable county or the registrar
of deeds and mortgages of the applicable county.
(3)
Any lands proposed for development which include all or a portion of an RBCZ shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the RBCZ which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved riparian buffer conservation zone management plan, described in § 237-49.
(4)
For building lots which exist as of the date of adoption
of this Part 4, but for which a building permit or a preliminary site
plan approval has not been obtained or is no longer valid, the required
minimum front, side, and rear setbacks may extend into the RBCZ, provided
that a deed restriction and/or conservation easement is applied which
prohibits clearing or construction in the RBCZ.
(5)
All stormwater shall be discharged outside of but
may flow through an RBCZ and shall comply with the Standard for Off-Site
Stability in the "Standards for Soil Erosion and Sediment Control
in New Jersey," established under the Soil Erosion and Sediment Control
Act, N.J.S.A. 4:24-39 et seq. (See N.J.A.C. 2:90-1.3.)
(6)
If stormwater discharged outside of and flowing through an RBCZ cannot comply with the Standard for Off-Site Stability cited in § 237-45B(5) then the stabilization measures in accordance with the requirements of the above standards may be placed within the RBCZ, provided that:
(a)
Stabilization measures shall not be placed closer
than 50 feet to the top of the bank at bank-full flow or level of
affected surface water bodies;
(b)
The encroachment shall only be allowed where
the applicant demonstrates that the functional value and overall conditions
of the RBCZ will be maintained to the maximum extent practicable;
(c)
A conceptual project design meeting shall be
held with the appropriate municipal staff and Soil Conservation District
staff to identify necessary stabilization measures; and
(d)
All encroachments proposed under this section
shall be subject to review and approval by the administrative authority.
Nonconforming structures and uses of land within
the RBCZ are subject to the following requirements:
A.
Legally existing but nonconforming structures or uses
may be continued.
B.
Any proposed enlargement or expansion of the building
footprint within a Category One (C1) RBCZ shall comply with the standards
in N.J.A.C. 7:8-5.5(h).
C.
For all other RBCZs:
(1)
Encroachment within the RBCZ shall only be allowed
where previous development or disturbance has occurred. Existing impervious
cover shall not be increased within the RBCZ as a result of encroachments
where previous development or disturbances have occurred.
(2)
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the RBCZ, as measured against the intent and purpose under § 237-40, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this Part 4.
A.
Any use within a Category One (C1) RBCZ shall comply
with the standards in N.J.A.C. 7:8-5.5(h).
B.
For other RBCZs, any use or activity not specifically authorized in § 237-44 or § 237-46 shall be prohibited within the RBCZ. By way of example, the following activities and facilities are prohibited:
(1)
Removal or clear-cutting of trees and other vegetation
or soil disturbance such as grading, except for selective vegetation
removal for the purpose of stream or riparian area stabilization or
restoration projects that require vegetation removal or grading prior
to implementation.
(2)
Storage of any hazardous or noxious materials.
(3)
Use of fertilizers, pesticides, herbicides, and/or
other chemicals in excess of prescribed industry standards or the
recommendations of the Soil Conservation District.
(5)
Motor or wheeled vehicle traffic in any area, except
as permitted by this Part 4.
(6)
Parking lots.
(8)
New subsurface sewage disposal areas. The expansion
and replacement of existing subsurface sewage disposal areas for existing
uses is permitted.
(9)
Residential grounds or lawns, except as otherwise
permitted pursuant to this Part 4.
A.
For Category One (C1) RBCZs, requests for exemptions
that fall under the purview of the Stormwater Management Rules must
be authorized by the New Jersey Department of Environmental Protection,
as per N.J.A.C. 7:8-5.5(h)1.ii.
B.
For other RBCZs, hardship variances may be granted
by the Zoning Board of Adjustment in cases of a preexisting lot (existing
at the time of adoption of this Part 4) when there is insufficient
room outside the RBCZ for uses permitted by the underlying zoning
and there is no other reasonable or prudent alternative to placement
in the RBCZ, including obtaining variances from setback or other requirements
that would allow conformance with the RBCZ requirements, and provided
the following demonstrations are made:
(1)
An applicant shall be deemed to have established the
existence of an extreme economic hardship, if the subject property
is not capable of yielding a reasonable economic return if its present
use is continued or if it is developed in accordance with provisions
of this Part 4 and that this inability to yield a reasonable economic
return results from unique economic circumstances peculiar to the
subject property which:
(a)
Do not apply to or affect other property in
the immediate vicinity;
(b)
Relate to or arise out of the characteristics
of the subject property because of the particular physical surroundings,
shape or topographical conditions of the property involved, rather
than the personal situations of the applicant; and are not the result
of any action or inaction by the applicant or the owner or his predecessors
in title.
(2)
The necessity of acquiring additional land to locate
development outside the RBCZ shall not be considered an economic hardship
unless the applicant can demonstrate that there is no adjacent land
that is reasonably available or could be obtained, utilized, expanded
or managed in order to fulfill the basic purpose of the proposed activity.
(3)
An applicant shall be deemed to have established compelling
public need if the applicant demonstrates, based on specific facts,
that one of the following applies:
(4)
A variance can only be granted if it is shown that
the activity is in conformance with all applicable local, state, and
federal regulations, and that the exception granted is the minimum
relief necessary to relieve the hardship.
C.
If the above demonstrations are made, then the encroachment
of impervious surfaces (structures or pavement) otherwise permitted
by the underlying zoning is permitted to the extent of 750 square
feet total. Said encroachment is not permitted closer than 100 feet
to the top of the bank at bank-full flow or level of Category Two
waters for trout production (FW2-TP), or closer than 50 feet to the
top of the bank at bank-full flow or level of other surface water
bodies.
D.
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded RBCZ area within or adjacent to the same site, and at least equivalent in size to the RBCZ reduction permitted, or, if not possible, rehabilitate or expand an RBCZ area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with an RBCZ management plan, as described in § 237-49 below.
A.
Within any RBCZ, no construction, development, use,
activity, or encroachment shall be permitted unless the effects of
such development are accompanied by preparation, approval, and implementation
of a riparian buffer conservation zone management plan.
B.
The landowner, applicant, or developer shall submit
to the Municipal Clerk, or its appointed representative, a riparian
buffer conservation zone management plan prepared by an environmental
professional, professional engineer or other qualified professional
which fully evaluates the effects of any proposed uses on the RBCZ.
The riparian buffer conservation zone management plan shall identify
the existing conditions, including:
(1)
Existing vegetation;
(2)
Field-delineated surface water bodies;
(3)
Field-delineated wetlands;
(4)
The one-hundred-year floodplain;
(5)
Flood hazard areas, including floodway and flood fringe
areas, as delineated by the New Jersey Department of Environmental
Protection;
(6)
Soil classifications as found on soil surveys;
(7)
Existing subdrainage areas of site with HUC-14 (Hydrologic
Unit Code) designations;
(8)
Slopes in each subdrainage area segmented into sections
of slopes less than or equal to 15%, above 15% but less than 20%,
and greater than 20%.
C.
The proposed plan shall describe all proposed uses/activities,
and fully evaluate the effects of all proposed uses/activities in
an RBCZ, and all proposed management techniques, including proposed
vegetation and any other measures necessary to offset disturbances
to the RBCZ. A discussion of activities proposed as well as management
techniques proposed to offset disturbances and/or enhance the site
to improve the RBCZ's ability to function effectively as an RBCZ shall
also be included with the RBCZ management plan submittal to the City
of Bordentown.
D.
The plan shall be reviewed and must be approved by
the Engineer of the City of Bordentown, in consultation with the Environmental
Commission, as part of the subdivision and land development process.
E.
The riparian buffer conservation zone management plan
must include management provisions in narrative and/or graphic form
specifying:
(1)
The manner in which the area within the RBCZ will
be owned and by whom it will be managed and maintained.
(2)
The conservation and/or land management techniques
and practices that will be used to conserve and protect the RBCZ,
as applicable.
(3)
The professional and personnel resources that are
expected to be necessary, in order to maintain and manage the RBCZ.
(4)
A revegetation plan, if applicable, that includes:
three layers of vegetation, including herbaceous plants that serve
as ground cover, understory shrubs, and trees that when fully mature
will form an overhead canopy. Vegetation selected must be native,
noninvasive species, and consistent with the soil, slope and moisture
conditions of the site. The revegetation plan shall be prepared by
a qualified environmental professional, landscape architect, or professional
engineer and shall be subject to the approval of the Municipal Engineer,
in consultation with the Environmental Commission. Dominant vegetation
in the riparian buffer conservation zone management plan shall consist
of plant species that are suited to the stream buffer environment.
The Engineer of the City of Bordentown may require species suitability
to be verified by qualified experts from the Soil Conservation District,
Natural Resources Conservation Service, New Jersey Department of Environmental
Protection, US Fish and Wildlife Service and/or state or federal forest
agencies.
F.
A riparian buffer conservation zone management plan
is not required where the RBCZ is not being disturbed and conservation
easements/deed restrictions are applied to ensure there will be no
future clearing or disturbance of the RBCZ.
G.
Performance of the riparian buffer conservation zone
management plan shall be guaranteed a minimum of two years by a surety,
such as a bond, cash or letter of credit, which shall be provided
to the City of Bordentown prior to the City of Bordentown issuing
any permits or approving any uses relating to the applicable use or
activity.
A.
When a landowner or applicant disputes the boundaries
of an RBCZ, or the defined bank-full flow or level, the landowner
or applicant shall submit evidence to the City of Bordentown that
describes the RBCZ, presents the landowner or applicant's proposed
RBCZ delineation, and presents all justification for the proposed
boundary change. For Category One (C1) RBCZs, the landowner or applicant
must first obtain approval from the New Jersey Department of Environmental
Protection. A decision from the Department must be included with the
evidence submitted for municipal review.
B.
Within 45 days of a complete submission of Subsection A above, the Engineer of the City of Bordentown, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the City of Bordentown and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
D.
Any party aggrieved by any determination or decision
of the City of Bordentown under this Part 4 may appeal to the Planning
Board of the City of Bordentown. The party contesting the determination
or decision shall have the burden of proof in case of any such appeal.
E.
Inspections.
(1)
Lands within or adjacent to an identified RBCZ shall
be inspected by the City of Bordentown when:
(2)
The RBCZ may also be inspected periodically by representatives
from the City of Bordentown if excessive or potentially problematic
erosion is present, other problems are discovered, or at any time
when the presence of an unauthorized activity or structure is brought
to the attention of municipal officials or when the downstream surface
waters are indicating reduction in quality.
F.
Conflicts. All other ordinances, parts of ordinances,
or other local requirements that are inconsistent or in conflict with
this Part 4 are hereby superseded to the extent of any inconsistency
or conflict, and the provisions of this Part 4 apply.
G.
Severability.
(1)
Interpretation. This Part 4 shall be so construed
as not to conflict with any provision of New Jersey or federal law.
(2)
Notwithstanding that any provision of this Part 4
is held to be invalid or unconstitutional by a court of competent
jurisdiction, all remaining provisions of this Part 4 shall continue
to be of full force and effect.
(3)
The provisions of this Part 4 shall be cumulative
with, and not in substitution for, all other applicable zoning, planning
and land use regulations.
A prompt investigation shall be made, by the appropriate personnel of the City of Bordentown, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this Part 4 is discovered, a civil action in the Special Civil Part of the Superior Court, or in the Superior Court if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, may be initiated by the filing and serving of appropriate process. Nothing in this Part 4 shall be construed to preclude the right of the City of Bordentown, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this Part 4 shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this Part 4. Each day a violation continues shall be considered a separate offense.