The purpose of this article 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 Penns
Grove in order 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 article 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 Borough of Penns Grove 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 Borough
of Penns Grove is also empowered to adopt and implement this article
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.
As used in this article, 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 and 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 Planning Board or the Construction Code Official proposing
to engage in an activity that is regulated by the provisions of this
article and that would be located in whole or in part within a regulated
riparian zone.
[Amended 7-5-2017 by Ord.
No. 2017-5]
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 the purposes of implementing
the anti-degradation 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 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 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,
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. § 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.
Adjustments to the riparian zones established by this article
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 following
adjustments to riparian zones are allowed:
A. The proposed disturbance in a riparian zone is for a linear development
with no feasible alternative route. If the riparian zone is associated
with Category One waters, the linear development must also meet the
requirements for special water resource protection areas under the
stormwater management rules at N.J.A.C. 7:8-5.5(h);
B. The proposed disturbance in a riparian zone is in accordance with
a stream corridor restoration or stream bank stabilization plan or
project approved by the New Jersey Department of Environmental Protection;
C. The proposed disturbance of a riparian zone is 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. 7:7; or
D. The proposed disturbance of a riparian zone is required for the remediation
of hazardous substances performed with the 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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A prompt investigation shall be made by the appropriate personnel
of the Borough of Penns Grove of any person or entity believed to
be in violation hereof. If, upon inspection, a condition which is
in violation of this article is discovered, the Borough may initiate
a civil action 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 article
shall be construed to preclude the right of the Borough of Penns Grove
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 article 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 article. Each day a violation continues shall
be considered a separate offense.