[Ord. No. 2277 § I]
The Governing Body of Borough of Roselle Park finds that riparian
lands adjacent to streams, lakes, or other surface water bodies that
are adequately vegetated provide an important environmental protection
and water resource management benefit. It is necessary to protect
and maintain the beneficial character of riparian areas by implementing
specifications for the establishment, protection, and maintenance
of vegetation along the surface water bodies within the jurisdiction
of Borough of Roselle Park, consistent with the interest of landowners
in making reasonable economic use of parcels of land that include
such designated areas. 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 Roselle Park; to protect the water quality of watercourses,
reservoirs, lakes, and other significant water resources within Borough
of Roselle Park; to protect the riparian and aquatic ecosystems of
Borough of Roselle Park; to provide for the environmentally sound
use of the land resources of Borough of Roselle Park, and to complement
existing State, regional, County, and municipal stream corridor protection
and management regulations and initiatives.
The specific purposes and intent of this chapter are to:
a. Restore and maintain the chemical, physical, and biological integrity
of the water resources of Borough of Roselle Park;
b. Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and denitrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed flow prior to reaching receiving waters;
c. Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
d. 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;
e. Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
f. Maintain base flows in streams and moisture in wetlands;
g. Control downstream flooding; and
h. Conserve the natural features important to land and water resources,
e.g., headwater areas, ground water recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
[Ord. No. 2277 § II]
The Borough of Roselle Park is empowered to regulate land uses
under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., which authorizes the Borough of Roselle Park to
plan and regulate land use in order to protect public health, safety
and welfare by protecting and maintaining native vegetation in riparian
areas. The Borough of Roselle Park is also empowered to adopt and
implement this chapter under provisions provided by the following
legislative authorities of the State of New Jersey:
a. Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
b. Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
c. Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
d. Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
e. Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
[Ord. No. 2277 § III]
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.
ADMINISTRATIVE AUTHORITY
Shall mean the Planning Board or Board of Adjustment or Construction
Office with all of the powers delegated, assigned, or assumed by them
according to statute or ordinance.
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.
CATEGORY TWO WATERS OR C2 WATERS
Shall mean 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.
FLOODWAY
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 there under 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.
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 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
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 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.
RIPARIAN ZONE MANAGEMENT PLAN
Shall mean a plan approved by the Engineer of Borough of
Roselle Park. The plan shall be prepared by a landscape architect,
professional engineer or other qualified professional, and shall evaluate
the effects of any proposed activity/uses on any riparian zone. The
plan shall identify existing conditions, all proposed activities,
and all proposed management techniques, including any measures necessary
to offset disturbances to any affected riparian zone.
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 Regulation 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. 2277 § VII]
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.
b. Any proposed enlargement or expansion of the building footprint within
the riparian zone of a C1 water shall comply with the standards in
the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood
Hazard Area Control Act rules, N.J.A.C. 7:13.
c. For all other riparian zones:
1. Encroachment within the riparian zone shall only be allowed where
previous development or disturbance has occurred and shall be in conformance
with the Stormwater Management rules, N.J.A.C. 7:8, and the Flood
Hazard Area Control Act rules, N.J.A.C. 7:13.
2. Existing impervious cover shall not be increased within the riparian
zone as a result of encroachments where previous development or disturbances
have occurred.
3. Discontinued nonconforming uses may be resumed any time within one (1) year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under Section
38-1, than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this chapter.
[Ord. No. 2277 § XII]
A prompt investigation shall be made by the appropriate personnel
of Borough of Roselle Park, 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 Roselle Park, 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.
Any person violating any of the provisions of this chapter shall, upon conviction, be liable for the penalty stated in Chapter
1, Section
1-5.
[Ord. No. 2277 § XIII]
This chapter shall take effect upon final adoption and publication
in accordance with the law.