[HISTORY: Adopted by the Mayor and Council of the Borough
of Harrington Park 4-21-2014 by Ord. No. 686. Amendments noted where
applicable.]
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 Borough of Harrington
Park and to comply 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 as described herein. 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.
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, Zoning Board of Adjustment or the
Construction Department 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.[1]
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.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
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 United States Geological
Survey (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,
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.
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.
A.
Except as provided in §§ 253-4 and 253-5 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 Borough of Harrington Park 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 that 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 necessary:
A.
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 that 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. 58:10-23.11a 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 Construction Code
Official in conjunction with the Borough Engineer 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.[1]
B.
Any party aggrieved by any determination or decision of the Construction
Code Official under this chapter may appeal to the Planning Board
or the Zoning Board of Adjustment of the Borough of Harrington Park.
The party contesting the determination or decision shall have the
burden of proof in case of any such appeal.[2]
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.
A prompt investigation shall be made by Code Official/Borough Engineer of the Borough of Harrington Park 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 initiated 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 Harrington Park, 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. Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to the penalties in Chapter 164, Fines and Penalties, in the discretion of the court.
This chapter shall take effect upon final adoption and publication
in accordance with the law on April 21, 2014, the date it is filed
with the County Planning Board after adoption.
