Ensuring that the riparian zone requirements established under
the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., are
implemented to afford protection of native vegetation in riparian
areas is consistent with authority empowered to the Township of Lacey
to regulate land uses under the provisions of the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. and in accordance with the
provisions of 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. 58:10-23 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:
ADMINISTRATIVE AUTHORITY
The Planning Board, Board of Adjustment, Zoning Office, Construction
Office or Code Enforcement Office with all the powers delegated, assigned,
or assumed by them according to statute or ordinance.
APPLICANT
A person, corporation, government body or other legal entity
applying to the Planning Board, Board of Adjustment, Zoning Office
or the Construction Office proposing to engage in an activity that
is regulated by the provisions of this chapter, and that would be
in whole or in part within a regulated riparian zone.
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. The extent of adopted Category
One waters are depicted at the New Jersey Department of Environmental
Protection GeoWeb mapping service at http://www.nj.gov/dep/gis/geowebsplash.htm
and described in the New Jersey Surface Water Quality Standards at
N.J.A.C. 7:9B.
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.
DRAINAGE AREA
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 regulated
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.
FLOOD HAZARD AREA
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.
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.
MEAN HIGH-WATER
A tidal datum that is the arithmetic mean of the high-water
heights observed over a specific nineteen-year Metonic cycle (the
National Tidal Datum Epoch). For the New Jersey coast, the two high
waters of each tidal day are included in the mean. This datum is available
from the Department, Bureau of Tidelands Management.
RIPARIAN ZONE
The land and vegetation within and adjacent to a regulated
water. The extent of a riparian zone is determined in accordance with
N.J.A.C. 7:13 and Section IV of this ordinance. Riparian zones exist along both sides of every regulated
water and include the regulated water itself, except as provided at
N.J.A.C. 7:13-2.3(c)1.
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 Federal 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.
TOP OF BANK
The upper limit of the bank of a regulated water, typically
characterized by an observable change or break in the slope of the
land or sometimes in a change in the type of vegetated community present
along a water.
Nonconforming structures and uses of land within the riparian
zone are subject to the following requirements:
A. Legally existing but nonconforming structures or uses may be continued
but not expanded.
B. Any proposed enlargement or expansion of the building footprint within
a riparian zone shall comply with the Flood Hazard Area Control Act
rules, N.J.A.C. 7:13, and are required to apply for necessary variance
relief.
C. Encroachment within the riparian zone shall only be allowed where
previous development or disturbance has occurred and shall be in conformance
with the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
D. Discontinued nonconforming uses may be resumed if permitted by the
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
When a violation of this chapter is alleged and reported to
the Township, a prompt investigation shall be made by the appropriate
personnel of the Township of Lacey of any location or actor believed
to be in violation hereof. If, upon inspection, a condition which
is in violation of this chapter is discovered, the Township of Lacey
shall notify the New Jersey Department of Environmental Protection
of the unauthorized activities in a riparian zone and may seek 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 chapter
shall be construed to preclude the right of the Township of Lacey,
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.