[HISTORY: Adopted by the Township Committee of the Township
of Lacey 5-24-2018 by Ord. No.
2018-16. Amendments noted where applicable.]
A.
The governing body of the Township of Lacey finds that riparian lands
adjacent to streams, lakes, and other regulated waters provide an
important environmental protection and water resource management benefit.
It is necessary to protect and maintain the beneficial character of
vegetation within these riparian zones by implementing specifications
for the establishment, protection of vegetation along regulated waters
within the jurisdiction of the Township of Lacey, consistent with
the interest of landowners in making reasonable economic use of parcels
of land that include such designated areas.
B.
The purpose of this chapter is to ensure that owners or developers
of lands within the Township are aware of the riparian zone requirements
of the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13. In accordance
with the requirements at N.J.A.C. 7:13, no person shall engage in
a regulated activity in a regulated area of a regulated water without
a flood hazard area authorization or permit as required by N.J.A.C.
7:13-2.1. Initiation of a regulated activity in a regulated area without
a valid flood hazard area authorization or permit shall be considered
a violation of N.J.A.C. 7:13 and this chapter and shall subject the
party or parties responsible for the unauthorized regulated activities
to local and state enforcement action, as set forth at N.J.A.C. 7:13-24.[1] Regulated waters are set forth at N.J.A.C. 7:13-2.2, regulated
areas are set forth at N.J.A.C. 7:13-2.3, and regulated activities
are set forth at N.J.A.C. 7:13-2.4. This chapter addresses the establishment
of and regulated activities within a riparian zone, and does not address
other areas and regulated activities within the jurisdiction of the
Flood Hazard Area Control Act Rules at N.J.A.C. 7:13.
[1]
Editor's Note: See N.J.A.C. 7:13-24.1 et seq.
C.
The specific purposes and intent of this chapter are to:
(1)
Restore and maintain the chemical, physical, and biological integrity
of the water resources of the Township of Lacey; and
(2)
Seek to prevent excessive nutrients, sediment, and organic matter,
as well as biocides and other pollutants, from reaching regulated
waters by optimizing opportunities for filtration, deposition, absorption,
adsorption, plant uptake, biodegradation, and denitrification, which
occur when stormwater runoff is conveyed through vegetated riparian
zones as stable, distributed flow prior to reaching receiving waters;
(3)
Provide for shading of the aquatic environment to moderate temperatures,
retain dissolved oxygen, and support a healthy assemblage of aquatic
flora and fauna;
(4)
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;
(5)
Prevent soil erosion into regulated waters and protect habitat for
aquatic organisms by maintaining the natural fluvial geomorphology
of the stream system;
(6)
Recognize and conserve the natural features of riparian zones as
important to land and water resources, including but limited to headwater
areas, groundwater recharge zones, floodways, floodplains, springs,
streams, wetlands, woodlands, and prime wildlife habitats.
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:
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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.
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.
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.
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.
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.[1] 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.
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.
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.
[1]
Editor's Note: So in original.
A.
Riparian zones adjacent to all regulated waters shall be protected
from avoidable disturbance and shall be delineated as follows:
B.
Zone width.
(1)
The riparian zone shall be 300 feet wide along both sides of any
designated C1 water and along all tributaries situated upstream of
a designated C1 water within the same HUC 14 watershed; or
(2)
The riparian zone shall be 150 feet wide along both sides of regulated
waters not designated as C1 waters 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. Threatened
or endangered species critically dependent on the regulated water
are determined via consultation with the New Jersey Department of
Environmental Protection's Land Use Regulation Program; or
(3)
For all other regulated waters, a riparian zone 50 feet wide shall
be established along both sides of the regulated water.
C.
The portion of the riparian zone that lies outside of a regulated
water is measured landward from the top of bank. If a discernible
bank is not present along a regulated water, the top of bank is measured
as follows:
(1)
The feature's centerline, for a linear regulated water that
has a drainage area of less than 150 acres; or
(2)
The limits of the two-year flood, for a linear regulated water that
has a drainage area of 150 acres or more; or
(4)
The mean high-water line, for a nonlinear tidal regulated water,
such as a bay or inlet; or
(5)
The feature's centerline, for an amorphous or irregularly shaped
feature, such as a wetland complex through which a regulated water
flows but lacks a discernible or coherent channel.
D.
A riparian zone is an overlay to the existing zoning districts. The
provisions of the underlying district shall remain in full force except
where the provisions of the riparian zone differ from the provisions
of the underlying district, in which case the provisions that are
more restrictive shall apply. These provisions apply to land disturbances
resulting from or related to any activity or use requiring application
to the Township of Lacey for any of the following permits or approvals:
building permit, zoning variance, special exception, conditional use,
site plan approval, subdivision approval. Projects or actions by the
Township of Lacey, its agents or authorities that involve regulated
activities in a riparian zone shall be in accordance with permits
or other authorization issued by the New Jersey Department of Environmental
Protection under the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13.
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 the Township
of Lacey 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 by the New Jersey Department
of Environmental Protection.
F.
The requirements of this section may be waived under the following
circumstances:
(1)
The proposed disturbance of a riparian zone is necessary to provide
for public pedestrian access or water-dependent recreation that has
been otherwise permitted under the Coastal Zone Management Rules,
N.J.A.C. 7:7; or
(2)
The proposed disturbance is for redevelopment of that portion of
a site within a designated riparian zone where the redevelopment activities
do not propose any vegetation removal or creation of any impervious
surfaces outside of the footprint limits of existing disturbance.
A.
A riparian zone shall remain in a natural condition or, if in a legally
disturbed condition, including agricultural activities, at the time
of adoption of this chapter, may be restored to a natural condition.
There shall be no clearing or cutting of trees and brush, except for
removal of dead vegetation and pruning for reasons of public safety
or for the replacement of invasive species with indigenous species.
There shall be no altering of watercourses, dumping of trash, soil,
dirt, fill, vegetative or other debris, regrading or construction.
B.
No new construction, development, use, activity, encroachment, or
structure shall take place in a riparian zone, except as specifically
authorized in this section. The following activities and uses shall
be permitted within a riparian zone, provided valid approvals for
such uses within the riparian zone have been obtained under N.J.A.C.
7:13:
(1)
Passive uses of open space that do not result in the removal of vegetation
within a riparian zone. These uses may require approval by the Zoning
Enforcement Officer or compliance with Township requirements. Such
uses include wildlife sanctuaries, nature preserves, forest preserves,
fishing areas, game farms, fish hatcheries and fishing reserves, operated
for the protection and propagation of wildlife, but excluding the
erection of structures;
(2)
Fences, for which a permit has been issued by the Construction Code
Office, to the extent required by applicable law, rule or regulation;
(3)
Crossings by farm vehicles and livestock, recreational trails, roads,
railroads, stormwater lines, sanitary sewer lines, water lines and
public utility transmission lines, provided that any disturbance to
the riparian areas is subject to approval by the Zoning Officer; and
(4)
The removal of dead trees which pose an imminent public safety hazard
due to their proximity to roadways, private drives, and bicycle or
pedestrian ways.
A.
All encroachments proposed into any riparian zone, unless considered
exempt, shall comply with the requirements of the Flood Hazard Area
Control Act rules, N.J.A.C. 7:13, and documented by the issuance of
a flood hazard area authorization or permit.
B.
The following conditions shall apply:
(1)
All new major and minor subdivisions and site plans shall be designed
to provide sufficient areas outside of the riparian zone to accommodate
primary structures, any normal accessory uses appurtenant thereto,
as well as all planned lawn areas and/or recreational areas.
(2)
Portions of new lots created by subdivision or deed and of lots where
new development is approved by the Township of Lacey within the riparian
zone must be permanently restricted by deed or conservation restriction
by the applicant or developer of lands and held by the Township of
Lacey, its agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the riparian zone. A complete copy of the recorded
conservation restriction that clearly identifies the deed book and
pages where it has been recorded in the office of Ocean County Clerk
must be submitted to the municipality. The applicant shall not commence
with the project or activity within a riparian zone prior to the recordation
of the deed or conservation restriction in the office of Ocean County
Clerk and documenting the recordation of the deed or conservation
restriction and approval of the plan or modification and receipt by
evidence of permits from the New Jersey Department of Environmental
Protection to the Township of Lacey. The recorded conservation restriction
shall be in the form approved by the municipality and shall run with
the land and be binding upon the property owner and the successors
in interest in the property or in any part thereof. The conservation
restriction may include language reserving the right to make de minimus
changes to accommodate necessary regulatory approvals upon the written
consent of the municipality, provided such changes are otherwise consistent
with the purpose and intent of the conservation restriction. The recorded
conservation restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated activity, date
of issuance, and date of expiration, and the conservation restriction
that, in addition, includes all of the prohibitions set forth at N.J.S.A.
13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and, where applicable,
for any additional properties subject to the conservation restrictions.
Such survey plans shall be submitted on the surveyor's letterhead,
signed and sealed by a properly licensed New Jersey surveyor, and
shall include metes and bounds descriptions of the property, the site,
the location of any monuments or pins found or set, and the areas
subject to the conservation restriction in New Jersey State Plane
Coordinates, North American Datum 1983, and shall depict the boundaries
of the site and all areas subject to the conservation restriction
as marked with flags or stakes on site. All such survey plans shall
be submitted on paper and in digital CAD or GIS file on a media and
format defined by the municipality. The flags, witness stakes, monuments
or pins found or set shall be numbered and identified on the survey
plan; and
(c)
A copy or copies of deeds for the property as a whole that indicate
the deed book and pages where it has been recorded in the office of
the clerk of the applicable county or the registrar of deeds and mortgages
of the applicable county.
(3)
Any lands proposed for development which include all or a portion
of a riparian zone shall, as a condition of any subdivision or any
site plan approval, provide for the revegetation of any portions of
the riparian zone which are not vegetated at the time of the such
approval and/or which were disturbed by prior land uses, including
for agricultural use. Said revegetation plan shall utilize tree and
plant species native to Pinelands area and approved by the review
board engineer.
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.
A.
Any use within a riparian zone shall comply with the standards in
the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
B.
For all riparian zones, any use or activity not specifically authorized
by the requisite approvals pursuant to the Flood Hazard Area Control
Act rules, N.J.A.C. 7:13, shall be prohibited within the riparian
zone.
C.
The following activities are prohibited in riparian zones unless
specifically permitted pursuant to the Flood Hazard Area Control Act
rules, N.J.A.C. 7:13.
(1)
Removal or clear-cutting of trees and other vegetation or soil disturbance
such as grading soils, excavation of soils or filling with any material;
(2)
Storage of any hazardous or noxious materials;
(3)
Roads, parking lots or driveways, except where previously permitted
or a pre-existing nonconforming use;
(4)
Lawns or other landscaped areas.
A.
Where a landowner or applicant disputes the boundaries of a riparian
zone, the landowner or applicant shall submit evidence to Director
of Community Development of the Township of Lacey that describes the
riparian zone, presents the landowner or applicant's proposed
riparian zone delineation, and presents all justification for the
proposed boundary change and verification issued under the Flood Hazard
Area Control Act rules at N.J.A.C. 7:13-6, that demonstrates approval
of the plan or modification and/or evidence of permits from the New
Jersey Department of Environmental Protection.
B.
Inspections: Lands within or adjacent to an identified riparian zone
shall be inspected by the Zoning Officer or appropriate personnel
of the Township of Lacey or representative from the New Jersey Department
of Environmental Protection to ensure and document compliance with
the provisions of this chapter when:
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.
