[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 1-21-2010 by Ord. No. 651. Amendments noted where
applicable.]
A.
The governing body of Upper Deerfield Township 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 Upper Deerfield Township consistent with the interest of landowners
in making reasonable economic use of parcels of land that include
such designated areas.
B.
The purpose of this chapter is to designate riparian buffer conservation
zones (riparian zone) and to provide for land use regulation that
prevents new disturbance for projects or activities therein in order
to protect the streams, lakes and other surface water bodies of Upper
Deerfield Township; to protect the water quality of watercourses,
lakes and other significant water resources within Upper Deerfield
Township; to protect the riparian and aquatic ecosystems of Upper
Deerfield Township; to provide for the environmentally sound use of
the land resources of Upper Deerfield Township; and to complement
existing state, regional, county and municipal stream corridor protection
and management regulations and initiatives.
C.
The specific purposes and intent of this chapter are to:
(1)
Restore and maintain the chemical, physical and biological integrity
of the water resources of Upper Deerfield Township;
(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 stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
(6)
Maintain base flows in streams and moisture in wetlands;
(7)
Control downstream flooding, to protect public health safety and
welfare as well as to protect property from erosion and flood-related
damage; 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.
D.
Authority is provided or limited as follows:
(1)
Compliance with the riparian zone requirements of this chapter does
not constitute compliance with the riparian zone or buffer requirements
imposed under any other federal, state or local statute, regulation
or ordinance.
(2)
Use powers given 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 through the protection and maintenance of native vegetation
in riparian areas. Upper Deerfield Township is also empowered to adopt
and implement this chapter 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-1 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. 58:10-23.11 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 chapter, the following terms shall have the
meanings indicated:
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid-producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
(Information regarding the location of acid-producing soils in New
Jersey can be obtained from the Cumberland-Salem Soil Conservation
District office.)
A person, corporation, government body or other legal entity
applying to the Planning Board or the Construction Office proposing
to engage in an activity that is regulated by the provisions of this
chapter and that would be located in whole or in part within a regulated
Riparian Zone.
Shall have the meaning ascribed to this term by the Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards, for protection
from measurable changes 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.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(GIS) hydrography coverages or, in the case of a special water resource
protection area (SWRPA), pursuant to the Stormwater Management Rules
at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle
map or in the county soil surveys.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (GIS) hydrography
coverages or, in the case of a special water resource protection area
(SWRPA), pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the county soil
surveys that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures, for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (GIS) hydrography coverages
or, in the case of a special water resource protection area (SWRPA),
pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the county soil
surveys.
The land and vegetation within and directly adjacent to all
surface water bodies, including, but not limited to lakes, ponds,
reservoirs, perennial and intermittent streams, up to and including
their point of origin, such as seeps and springs, as shown on the
New Jersey Department of Environmental Protection's GIS hydrography
coverages or, in the case of a special water resource protection area
(SWRPA), pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h),
C1 waters as shown on the USGS quadrangle map or in the county soil
surveys. There is no riparian zone along the Atlantic Ocean nor along
any man-made lagoon or oceanfront barrier island, spit or peninsula.
A three-hundred-foot area provided on each side of a surface
water body designated as a C1 water or tributary to a C1 water that
is a perennial stream, intermittent stream, lake, pond or reservoir,
as defined herein, and shown on the USGS quadrangle map or in the
county soil surveys within the associated HUC-14 drainage, pursuant
to the stormwater management rules at N.J.A.C. 7:8-5.5(h).
Any perennial stream, intermittent stream, lake, pond or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2 or state
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq.; the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq.; or the Endangered
Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments
thereto.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A.
Riparian zones adjacent to all surface water bodies shall be protected
from avoidable disturbance and shall be delineated as follows:
(1)
The riparian zone shall be 300 feet wide along both sides of any
Category One water (C1 water) and all upstream tributaries situated
within the same HUC-14 watershed.
(2)
The
riparian zone shall be 150 feet wide along the entire length of the
Cohansey River within the boundaries of the Township.
(3)
The riparian zone shall be 150 feet wide along both sides of the
following waters not designated as C1 waters:
(a)
Any segment of a water flowing through an area that contains
documented habitat for a threatened or endangered species of plant
or animal which is critically dependent on the surface water body
for survival, and all upstream waters (including tributaries) within
one linear mile as measured along the length of the regulated water.
(b)
Any segment of a water flowing through an area that contains
acid-producing soils.
(4)
For all other surface water bodies, a riparian zone 50 feet wide
shall be maintained along both sides of the water.
B.
The portion of the riparian zone that lies outside of a surface water
body is measured landward from the top of bank. If a discernible bank
is not present along a surface water body, the portion of the riparian
zone outside the surface water body is measured landward as follows:
(1)
Along a linear fluvial or tidal water, such as a stream, the riparian
zone is measured landward of the feature's center line.
(2)
Along a nonlinear fluvial water, such as a lake or pond, the riparian
zone is measured landward of the normal water surface limit.
(3)
Along a nonlinear tidal water, such as a bay or inlet, the riparian
zone is measured landward of the mean high-water line.
(4)
Along an amorphously shaped feature such as a wetland complex, through
which water flows but which lacks a discernible channel, the riparian
zone is measured landward of the feature's center line.
C.
The applicant or designated representative shall be responsible for
the initial determination of the presence of a riparian zone on a
site and for identifying the area on any plan submitted to the Upper
Deerfield Township 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.
D.
A map of the riparian zones of the entire municipality of Upper Deerfield
Township, including all land and water areas within its boundaries,
which illustrates and defines the water surface water bodies to be
regulated, is included as part of this chapter and is appended.[1]
[1]
Editor's Note: The map of riparian zones is on file in the
Township offices.
A.
The following new disturbances for projects or activities in riparian
zones are exempted from the requirements of this chapter:
(1)
Redevelopment
within the limits of existing impervious surfaces.
(2)
New
disturbance in the riparian zone necessary to protect public health,
safety or welfare; to provide an environmental benefit; to prevent
extraordinary hardship on the property owner peculiar to the property;
or to prevent extraordinary hardship, provided the hardship was not
created by the property owner, that would not permit a minimum economically
viable use of the property based upon reasonable investment.
B.
An exception to any of the disturbances listed in Subsection A(1) above shall be granted by the Township Engineer, upon proof by virtue of submission of appropriate maps and drawings that the proposed redevelopment is within the limits of impervious surfaces that existed at the time of passage of this chapter, and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
C.
For all riparian zones an exception to any of the disturbances listed in Subsection A(2) above shall be granted by the Planning Board upon proof by virtue of submission of appropriate maps, drawings, reports and testimony that the disturbance protects public health, safety or welfare; provides an environmental benefit; prevents extraordinary hardship on the property owner peculiar to the property; or prevents extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. Hardship variances may be granted by the Planning Board in cases of a preexisting lot (existing at the time of adoption of this chapter) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements.
Adjustments to the riparian zones established by this chapter
are allowed to the extent they comply with the Stormwater Management
Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C.
7:13), and shall be subject to review and approval by the New Jersey
Department of Environmental Protection, unless exempt. The following
adjustments to riparian zones are allowed:
A.
The proposed disturbance in a riparian zone is for a linear development
with no feasible alternative route. If the riparian zone is associated
with Category One waters, the linear development must also meet the
requirements for Special Water Resource Protection Areas under the
Stormwater Management Rules at N.J.A.C. 7:8-5.5(h);
B.
The proposed disturbance in a riparian zone is in accordance with
a stream corridor restoration or stream bank stabilization plan or
project approved by the New Jersey Department of Environmental Protection;
C.
The proposed disturbance of a riparian zone is necessary to provide
for public pedestrian access or water-dependent recreation that meets
the requirements of the Freshwater Wetlands Protection Act Rules,
N.J.A.C. 7:7A; the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13;
or
D.
The proposed disturbance of a riparian zone is required for the remediation
of hazardous substances performed with New Jersey Department of Environmental
Protection or federal oversight pursuant to the Spill Compensation
and Control Act, N.J.S.A. 58:10-23.11a et seq., or the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. § 9601 et seq.
A.
Any party aggrieved by the location of the riparian zone boundary
determination under this chapter may appeal to the Planning Board
under the provisions of this chapter. The party contesting the location
of the riparian zone boundary shall have the burden of proof in case
of any such appeal.
B.
Any party aggrieved by any determination or decision of the Planning
Board under this chapter may appeal in accordance with the rules for
appealing planning decisions. The party contesting the determination
or decision shall have the burden of proof in case of any such appeal.
C.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this chapter
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this chapter apply.
D.
Severability:
(1)
Interpretation. This chapter shall be so construed as not to conflict
with any provision of New Jersey or federal law.
(2)
Notwithstanding that any provision of this chapter is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the chapter shall continue to be of full
force and effect.
(3)
The provisions of this chapter shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
A.
A prompt investigation shall be made by the appropriate Township
personnel of any person or entity believed to be in violation hereof.
If upon inspection a condition which is in violation of this chapter
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, by the filing and serving of appropriate process.
B.
Nothing in this chapter shall be construed to preclude the right
of the Township, 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 chapter 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 chapter. Each day a violation
continues shall be considered a separate offense. In addition to such
penalties or proceedings as may be instituted pursuant to N.J.S.A.
26:3A2-25, any citizen or official of the Township of Upper Deerfield
shall be entitled to file and prosecute a complaint in the Municipal
Court of the Township of Upper Deerfield resulting from a violation
of this chapter. The violator shall be subject to a penalty of $1,000
per occurrence, and each day that a violation shall continue or occur
may subject the violator to a penalty of $1,000 per day for such continuing
violation.
