[HISTORY: Adopted by the Mayor and council of the Borough
of Somerville 8-19-13 by Ord. No. 2423. Amendments noted where applicable.]
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 Borough of Somerville
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.
The definitions of the words and/or terms utilized in this chapter
shall be as defined or described in the Water Quality Management Planning
rules, N.J.A.C. 7:15, the Stormwater Management Rules, N.J.A.C. 7:8,
and/or Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, as they
exist as of the effective date of this chapter and as they may be
amended over time.
A.
Except as provided in Sections 134-4 and 134-5 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.
(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 non-linear fluvial water, such as a lake or pond, the riparian
zone is measured landward of the normal water surface limit;
(3)
Along a non-linear tidal water, such as a 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 Borough of Somerville 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.
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
or Planning Board 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) 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.
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.
A.
Any party aggrieved by the location of the riparian zone boundary
determination under this chapter may appeal to the Borough Planner/Planning
Board 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 Borough
Planner/Planning Board Engineer under this chapter may appeal to the
Somerville Borough Council. 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.
A prompt investigation shall be made by Somerville Borough Department
of Community Development, 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 Borough of Somerville, 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.
