The governing body of the Township of Jefferson finds that riparian
lands adjacent to streams, lakes, or other surface water bodies that
are adequately vegetated provide an important environmental protection
and water resource management benefit. It is necessary to protect
and maintain the beneficial character of riparian areas by implementing
specifications for the establishment, protection, and maintenance
of vegetation along the surface water bodies within the jurisdiction
of the Township of Jefferson, consistent with the interest of landowners
in making reasonable economic use of parcels of land that include
such designated areas. 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 Jefferson; to protect the water quality of watercourses,
reservoirs, lakes, and other significant water resources within the
Township of Jefferson; to protect the riparian and aquatic ecosystems
of the Township of Jefferson; to provide for the environmentally sound
use of the land resources of the Township of Jefferson; and to complement
existing state, regional, county, and municipal stream corridor protection
and management regulations and initiatives. The specific purposes
and intent of this chapter are to:
A. Restore and maintain the chemical, physical, and biological integrity
of the water resources of the Township of Jefferson;
B. Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and denitrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed flow prior to reaching receiving waters;
C. Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
D. Provide for the availability of natural organic matter (leaves and
twigs) and large woody debris (trees and limbs) that provide food
and habitat for aquatic organisms (insects, amphibians, crustaceans,
and small fish), which are essential to maintain the food chain;
E. Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
F. Maintain base flows in streams and moisture in wetlands;
G. Control downstream flooding; and
H. Conserve the natural features important to land and water resources,
e. g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
The municipality of the Township of Jefferson is empowered to
regulate land uses 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 by protecting and maintaining native vegetation in riparian
areas. The Township of Jefferson is also empowered to adopt and implement
this chapter under provisions provided by the following legislative
authorities of the State of New Jersey:
A. Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
B. Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
C. Spill Compensation and Control Act, N.J.S.A. 58:10-2311 et seq.
D. Soil Erosion and Sediment Control Act, N.J.S.A.4:24-39 et seq.
E. 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.
ADMINISTRATIVE AUTHORITY
The Land Use Board or Construction Office with all of the
powers delegated, assigned, or assumed by them according to statute
or ordinance.
[Amended 12-18-2019 by Ord. No. 19-28]
APPLICANT
A person, corporation, government body or other legal entity
applying to the Land Use Board 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.
[Amended 12-18-2019 by Ord. No. 19-28]
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.
CATEGORY TWO WATERS or C2 WATERS
Those waters not designated as Outstanding Natural Resource
waters or Category One waters in the Surface Water Quality Standards,
N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies
set forth in those standards.
FLOODWAY
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations
promulgated thereunder published at N.J.A.C. 7:13 et seq., and any
supplementary or successor legislation and regulations from time to
time enacted or promulgated.
INTERMITTENT STREAM
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.
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 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, 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 or along
any man-made lagoon or oceanfront barrier island, spit or peninsula.
RIPARIAN ZONE MANAGEMENT PLAN
A plan approved by the Engineer of the Township of Jefferson.
The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional, and shall evaluate the effects
of any proposed activity/uses on any riparian zone. The plan shall
identify existing conditions, all proposed activities, and all proposed
management techniques, including any measures necessary to offset
disturbances to any affected riparian zone.
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. § 1531 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.