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:
ADMINISTRATIVE AUTHORITY
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.
APPLICANT
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.
CATEGORY ONE (C1) WATERS
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.
CATEGORY TWO WATERS
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).
FLOODWAY
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.
INTERMITTENT STREAM
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.
LAKE, POND or RESERVOIR
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.
PERENNIAL STREAM
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.
RIPARIAN BUFFER CONSERVATION ZONE (RBCZ)
An area of land or water within or adjacent to a surface water body within the municipality and designated on the Riparian Buffer Conservation Zone Map promulgated by the City of Bordentown in accordance with §
237-43 of this Part
4.
RIPARIAN BUFFER CONSERVATION ZONE MANAGEMENT PLAN
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.
SURFACE WATER BODY
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.
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 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.