[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 2-23-2010 by Ord. No. 958. Amendments noted where
applicable.]
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 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 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 maps 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 maps 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 maps 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 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 maps 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 maps 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 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 Surface Water Quality
Standards at N.J.A.C. 7:9B.
It is the intent of this chapter 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 Ho-Ho-Kus 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. Ho-Ho-Kus 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. 58:10-23.11 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.
Riparian zones adjacent to all surface water bodies 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 Ho-Ho-Kus
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 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 Borough 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 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 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 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 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 Ho-Ho-Kus Municipal Engineer.
A prompt investigation shall be made by the Code Enforcement
Officer of the Borough of Ho-Ho-Kus 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 may
be brought in the Special 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 chapter
shall be construed to preclude the right of the Borough of Ho-Ho-Kus,
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.
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.
A.
Interpretation. This chapter shall be so construed as not to conflict
with any provision of New Jersey or federal law.
B.
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.
C.
The provisions of this chapter shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
This chapter shall take effect immediately upon final adoption
and publication as provided by law.
