The purpose of this chapter is 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 chapter 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 Township of Wyckoff 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 Township
of Wyckoff is also empowered to adopt and implement this chapter under
provisions provided by the following legislative authorities of the
State of New Jersey:
(1) Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
(2) Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
(3) Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
(4) Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(5) 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:
ACID-PRODUCING SOILS
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.
APPLICANT
A person, corporation, government body or other legal entity
applying to the Township of Wyckoff Planning Board, Board of Adjustment
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.
CATEGORY ONE WATERS OR C1 WATERS
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.
INTERMITTENT STREAM
A surface water body with a definite bed and banks in which
there is not a permanent flow of water and which is 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.
LAKE, POND, or RESERVOIR
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.
PERENNIAL STREAM
A surface water body that flows continuously throughout the
year in most years and which is 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.
RIPARIAN ZONE
The land and vegetation within and directly adjacent to all
surface water bodies, including but not limited to lakes, ponds, reservoirs,
and 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.
SPECIAL WATER RESOURCE PROTECTION AREA OR SWRPA
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).
SURFACE WATER BODY(IES)
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.
THREATENED OR ENDANGERED SPECIES
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. § 531 et seq., or the Endangered
Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments
thereto.
TROUT MAINTENANCE WATER
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.
TROUT PRODUCTION WATER
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.
Adjustments to the riparian zones established by this chapter
are allowed to the extent that 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 they 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 chapter hereby adopts by reference said Subchapter
as it exists at the time of passage of this chapter, 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 Wyckoff Municipal Engineer.
Any person or entity found in violation of this chapter shall
be required to remediate said violation within 10 calendar days of
notice to remediate or be subject to penalties of up to $1,250 and
$100 per day for each day the violation continues to exist.
All ordinances, parts of ordinances or other local requirements
that are inconsistent or in conflict with this chapter are hereby
repealed to the extent of such inconsistencies, and the provisions
of this chapter apply.
This chapter shall take effect immediately upon final adoption
and publication as provided by law.