[Added 4-20-2011 by Ord. No. 1516]
It is the intent of this article to provide compliance 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. Authority is provided or limited as follows:
A.
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.
B.
Use powers given to the Borough of Franklin Lakes 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. The Borough
is also empowered to adopt and implement this article under provisions
provided by the following legislative authorities of the State of
New Jersey:
As used in this article, 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 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
Official 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.
[Amended 2-21-2017 by Ord. No. 1697]
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.
Riparian zones adjacent to all surface water bodies and located
within Borough limits as described below in this section shall be
protected from avoidable disturbance:
A.
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.
B.
The riparian zone shall be 150 feet wide along both sides of the following waters not identified in Subsection A above:
(1)
Any trout production water and all upstream waters (including
tributaries);
(2)
Any trout maintenance water and all upstream waters (including
tributaries) within one linear mile as measured along the length of
the regulated water;
(3)
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 regulated water for
survival, and all upstream waters (including tributaries) within one
linear mile as measured along the length of the regulated water; and
(4)
Any segment of a water flowing through an area that contains
acid-producing soils.
C.
For all other surface water bodies, a riparian zone of 50 feet wide
shall be maintained along both sides of the water.
D.
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 or swale,
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;
and
(3)
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.
E.
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 Franklin Lakes 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.
A.
The following disturbances are excepted:
(1)
Redevelopment within the limits of existing impervious surfaces;
and
(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 that 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 Municipal 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 article 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 Zoning Board of Adjustment 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.
Adjustments to the riparian zones established by this article
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 the Highlands Water Protection and Planning Act rules (N.J.A.C.
7:38) and shall be subject to review and approval by the New Jersey
Department of Environmental Protection, unless exempt.
The Flood Hazard Area Control Act rules (N.J.A.C. 7:13), Subchapter
7, "Permits-by-Rule," establishes permits-by-rule for certain regulated
activities. This article hereby adopts by reference said subchapter
as it exists at the time of passage of this article and as it may
change from time to time, as a means of allowing regulated activities
in the riparian zone without any other permits or approvals. In addition,
any permit-by-rule provision that requires notification to the New
Jersey Department of Environmental Protection shall also be copied
to the Municipal Engineer.
A prompt investigation shall be made by the appropriate personnel
of the Borough of any person or entity believed to be in violation
hereof. Any person who shall violate a provision of this article shall,
upon conviction thereof, be punished by fine not exceeding $500. A
separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.
