ACID PRODUCING SOILS
Means 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
Means 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 ordinance, 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.
INTERMITTENT STREAM
Means 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
Means 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
Means 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
Means 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 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
Means a 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)
Means 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
Means 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
Means 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
Means 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.
It is the intent of this Article 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 Waldwick 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 Waldwick is also empowered to adopt and implement this ordinance
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 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.
Riparian zones adjacent to all surface water bodies as described
below in this paragraph shall be protected from avoidable disturbance:
A. 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.
B. The riparian zone shall be 150 feet wide along both sides of the
following waters not identified in A above:
(1) Any trout production water and all upstream waters (including tributaries);
(2) Any trout maintenance water and all upstream waters (including tributaries)
within one linear mile as measured along the length of the regulated
water;
(3) 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 regulated water for survival,
and all upstream waters (including tributaries) within one linear
mile as measured along the length of the regulated water; and
(4) Any segment of a water flowing through an area that contains acid
producing soils; and
C. For all other surface water bodies, a riparian zone of 50 feet wide
shall be maintained along both sides of the water.
D. The portion of the riparian zone that lies outside of a surface water
body is measured landward from the top of bank. 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 or swale,
the riparian zone is measured landward of the feature's centerline;
(2) Along a non-linear fluvial water, such as a lake or pond, the riparian
zone is measured landward of the normal water surface limit; and
(3) 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.
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
Borough of Waldwick 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 the New Jersey
Department of Environmental Protection.
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 Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), Subchapter
7. PERMITS-BY-RULE, establishes permits-by-rule for certain regulated
activities. This Article hereby adopts by reference said Subchapter
as it exists at the time of passage of this ordinance and as it may
change from time to time, as a means of allowing regulated activities
in the riparian zone without any other permits or approvals. In addition,
any permit-by-rule provision that requires notification to the New
Jersey Department of Environmental Protection shall also be copied
to the Waldwick Municipal Engineer.
A prompt investigation shall be made by the appropriate personnel
of the Borough of Waldwick of any person or entity believed to be
in violation hereof. If, upon inspection, a condition which is in
violation of this ordinance 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 ordinance shall be construed to preclude
the right of the Borough of Waldwick 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 ordinance 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
ordinance. Each day a violation continues shall be considered a separate
offense.
The enforcement agent for the Borough of Waldwick shall be the
Construction Code Official.
All ordinances, parts of ordinances, or other local requirements
that are inconsistent or in conflict with this ordinance are hereby
repealed to the extent of such inconsistencies and the provisions
of this ordinance apply.