[HISTORY: Adopted by the Mayor and Council of the Borough
of South Plainfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-4-2011 by Ord. No. 1923]
The purpose of this article is to designate riparian zones and
to provide for land use regulation therein in order to protect the
streams, lakes and other surface water bodies of the Borough of South
Plainfield, and to comply with N.J.A.C. 7:15-5.25(g)3, which requires
municipalities to adopt an ordinance that prevents new disturbance
for projects or activities in riparian zones as described herein.
Compliance with the riparian zone requirements of this article does
not constitute compliance with the riparian zone or buffer requirements
imposed under any other federal, state or local statute, regulation
or ordinance.
As used in this article, the following terms shall have the
meanings indicated:
Soils that contain geologic deposits of iron sulfide materials
(pyrite and marcasite) which, which 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 local Soil Conservation District offices.
A person, corporation, government body or other legal entity
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 article, 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.
The placement of impervious surface, the exposure or movement
of soil or bedrock of the clearing, cutting or removing of vegetation.
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 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. There is no riparian zone along
the Atlantic Ocean or along any manmade 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 HUC14 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.
Except as provided in §§ 467-4 and 467-5 below, 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 (C1) water, and all upstream tributaries situated within
the same HUC 14 watershed.
(2)
The riparian zone shall be 150 feet wide along both sides of the
following waters not designated as C1 waters:
(a)
Any trout production water and all upstream waters (including
tributaries);
(b)
Any trout maintenance water and all upstream waters (including
tributaries) within one linear mile as measured along the length of
the surface water body;
(c)
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 surface water
body; and
(d)
Any segment of a surface water body flowing through an area
that contains acid-producing soils.
(3)
For all other surface water bodies, a riparian zone of 50 feet wide
shall be maintained along both sides of the water.
B.
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 or swale,
the riparian zone is measured landward of the feature's centerline;
(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; and
(4)
Along an amorphously-shaped feature, such as a wetland complex, through
which water flows, but which lacks a definable channel, the riparian
zone is measured landward of the feature's centerline.
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 Borough
of South Plainfield 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 Borough Engineer, governing body or
its appointed representative and, where required, by the New Jersey
Department of Environmental Protection.
To the extent allowed by the Stormwater Management Rules (N.J.A.C.
7:8), the Flood Hazard Area Control Act rules (N.J.A.C. 7:13), and
the Highlands Water Protection and Planning Act rules (N.J.A.C. 7:38),
new disturbances for projects or activities in the riparian zone established
by this article may be allowed through the Zoning Board of Adjustment
review and approval of a variance, provided the disturbance is proposed
to be located on a preexisting lot (existing as of the effective date
of this article) when there is insufficient room outside the riparian
zone for the proposed use otherwise permitted by the underlying zoning;
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;
and upon proof by virtue of submission of appropriate maps, drawings,
reports and testimony, that the disturbance is:
A.
Necessary to protect public health, safety or welfare;
B.
To provide an environmental benefit;
C.
To prevent extraordinary hardship on the property owner peculiar
to the property; or
D.
To prevent extraordinary hardship, provided the hardship was not
created by the property owner by not allowing a minimum economically
viable use of the property based upon reasonable investment.
To the extent allowed under the Stormwater Management rules
(N.J.A.C. 7:8), the Flood Hazard Area Control Act rules (N.J.A.C.
7:13), and the Highlands Water Protection and Planning Act rules (N.J.A.C.
7:38) and subject to the review and approval by the New Jersey Department
of Environmental Protection to the extent required by those rules,
the following disturbances for projects or activities in the riparian
zone established by this article are allowed:
A.
Redevelopment within the limits of existing impervious surfaces;
B.
Linear development with no feasible alternative route;
C.
Disturbance that is in accordance with a stream corridor restoration
or stream bank stabilization plan or project approved by the New Jersey
Department of Environmental Protection;
D.
Disturbance 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 the Costal Zone Management rules,
N.J.A.C. 7:7E; or
E.
Disturbance with no feasible alternative 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 article may appeal to the Borough Environmental
Officer under the provisions of this article. The party contesting
the location of the riparian zone shall have the burden of proof in
case of any such appeal.
B.
Any party aggrieved by any determination or decision of the Borough
Environmental Officer under this article may appeal to the Borough
Mayor and Council. 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 article
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this article shall apply.
D.
Severability.
(1)
Interpretation: This article shall be so construed as not to conflict
with any provision of New Jersey or Federal law.
(2)
Notwithstanding that any provision of this article is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the Ordinance shall continue to be in
full force and effect.
(3)
The provisions of this article 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 Borough Environmental
Officer of any person or entity believed to be in violation thereof.
If, upon inspection, a condition which is in violation of this article
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. Nothing
in this article shall be construed to preclude the right of the Borough
of South Plainfield, 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 article 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 article. Each day a violation
continues shall be considered a separate offense.
