[HISTORY: Adopted by the Township Committee of the Township
of Kingwood 4-7-2011 by Ord. No. 16-05-2011. Amendments noted where applicable.]
[Amended 11-4-2021 by Ord. No. 21-20-2021]
The purpose of this chapter 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 Township
of Kingwood. 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.
The definitions of the words and/or terms utilized in this chapter
shall be as defined or described in the Water Quality Management Planning
rules, N.J.A.C. 7:15, the Stormwater Management rules, N.J.A.C. 7:8,
and/or Flood Hazard Area Control Act rules, N.J.A.C. 7:13, as they
exist as of the effective date of this chapter and as they may be
amended over time.
A.
Except as provided in §§ 99-4 and 99-5 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 water (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 regulated water;
(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 regulated water;
and
(d)
Any segment of a water 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, 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; and
(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 of the riparian zone on any plan
submitted to the Township of Kingwood 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 state regulation, 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 chapter 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 chapter) 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 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 chapter 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 Coastal 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. 58:10-23.11 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 appropriate board
having jurisdiction over the development application 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 Township
of Kingwood under this chapter may appeal to the Township Committee
of the Township of Kingwood. 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 shall 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 Ordinance 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 personnel
of the Township of Kingwood, 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, may be initiated by
the filing and serving of appropriate process. Nothing in this chapter
shall be construed to preclude the right of the Township of Kingwood,
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.
