[Ord. No. O-1770-2011 § II]
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 Edison, Middlesex County, NJ, 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.
[Ord. No. O-1770-2011 § II]
ACID PRODUCING SOILS
Shall mean 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.
APPLICANT
Shall mean a person, corporation, government body or other
legal entity applying to the Planning Board, Board of Adjustment 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.
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.
DISTURBANCE
Shall mean the placement of impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation.
INTERMITTENT STREAM
Shall mean 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 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
Shall mean 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
Shall mean 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
Shall mean 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 or 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
Shall mean a three hundred (300) 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)
Shall mean 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 Regulations shall also be considered surface water bodies.
THREATENED OR ENDANGERED SPECIES
Shall mean 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
Shall mean 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
Shall mean 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.
[Ord. No. O-1770-2011 § II]
a. Except as provided in Sections 38A-4 and 38A-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 three hundred (300) feet wide along both
sides of any Category One water (C1 water), and all upstream tributaries
situated within the same HUC 14 watershed. At present there are NO
waters classified as Category One (C1) waters under Township of Edison
jurisdiction.
2. The riparian zone shall be one hundred fifty (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 (1) 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 (1) 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 fifty (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 centerline;
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 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 centerline.
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 Township of Edison 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.
[Ord. No. O-1770-2011 § II]
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 the disturbance is proposed
to be located on a pre-existing lot (existing as of the effective
date of this chapter — June 14, 2011) 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:
a. Necessary 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 the hardship was not
created by the property owner, by not allowing a minimum economically
viable use of the property based upon reasonable investment.
[Ord. No. O-1770-2011 § II]
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.
[Ord. No. O-1770-2011 § II]
a. Any party aggrieved by the location of the riparian zone boundary
determination under this chapter may appeal to the Township 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.
b. Any party aggrieved by any determination or decision of the Township
Engineer under this chapter may appeal to the Municipal Council of
the Township of Edison. The party contesting the determination or
decision shall have the burden of proof in case of any such appeal.
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.
d. Severability.
1. Interpretation. This chapter shall be so construed as not to conflict
with any provision of New Jersey or Federal law.
2. Notwithstanding that any provision of this chapter is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the chapter shall continue to be of full
force and effect.
3. The provisions of this chapter shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
[Ord. No. O-1770-2011 § II]
A prompt investigation shall be made by the Department of Planning
and Engineering of the Township of Edison, 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
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 Edison, 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.
[Ord. No. O-1770-2011 § III]
This chapter shall take effect twenty (20) days after final
adoption and publication and approval by the Mayor in accordance with
N.J.S.A. 40:69A-181(b), and shall be filed with the County Planning
Board after adoption.