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.
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 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.