[HISTORY: Adopted by the Township Committee of the Township
of Bordentown 9-24-2007 by Ord.
No. 2007-27 (Ch. 8.80 of the 2003 Municipal Code).[1] Amendments noted where applicable.]
[1]
Note: The requirements set forth in this chapter are consistent
with those found in the State of New Jersey's Stormwater Management
Rule (N.J.A.C. 7:8).
The governing body of Township of Bordentown 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 Township of Bordentown 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 buffer conservation zones, and to provide for land use regulation
therein in order to protect the streams, lakes, and other surface
water bodies of Township of Bordentown; to protect the water quality
of watercourses, reservoirs, lakes, and other significant water resources
within Township of Bordentown; to protect the riparian and aquatic
ecosystems of Township of Bordentown; to provide for the environmentally
sound use of the land resources of Township of Bordentown, 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 Township of Bordentown;
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 sheet 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 (fallen
leaves and twigs) and large woody debris (fallen trees and limbs)
that provide food and habitat for small, bottom-dwelling 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, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
The municipality of Township of Bordentown 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 each municipality
to plan and regulate land use in order to protect public health, safety
and welfare by protecting and maintaining native vegetation in riparian
areas. Township of Bordentown 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 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. 58:10-23.11 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.
As used in this chapter, the following terms shall have the
meanings indicated:
The Planning Board or Board of Adjustment or Construction
Office with all of the powers delegated, assigned, or assumed by it
according to statute or ordinance.
A person 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 buffer conservation
zone.
Shall have the meaning ascribed to this term by the surface
water quality standards at N.J.A.C. 7:9B-1.15, which have been identified
for protection from degradation 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.
Those waters not designated as outstanding natural resource
waters or Category 1 in the surface water quality standards at N.J.A.C.
7:9B-1.15 for purposes of implementing the antidegradation policies
set forth at N.J.A.C. 7:9B-1.5(d).
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.
Surface water drainage channels with definite bed and banks
in which there is not a permanent flow of water. Streams shown as
a dashed line on either the USGS topographic quadrangle maps or the
USDA County Soil Survey Maps of the most recent edition that includes
hydrography are included as intermittent streams.
Any impoundment, whether naturally occurring or created in
whole or in part by the building of structures for the retention of
surface water, excluding sedimentation control and stormwater retention/detention
basins and ponds designed for treatment of wastewater.
A stream that flows continuously throughout the year in most
years. These streams usually appear as a blue line on USGS topographic
quadrangle maps or on USDA County Soil Survey Maps.
An area of land or water within or adjacent to a surface water body within the municipality and designated on the Riparian Buffer Conservation Zone Map promulgated by Township of Bordentown in accordance with § 371-4 of this chapter.
A plan approved by the Engineer of Township of Bordentown.
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 RBCZ. The plan shall identify
existing conditions, all proposed activities, and all proposed management
techniques, including any measures necessary to offset disturbances
to any affected RBCZ.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any state open waters identified
in a letter of interpretation issued by the New Jersey Department
of Environmental Protection Land Use Regulation Program shall also
be considered surface water bodies.
A.
Riparian buffer conservation zones (RBCZs) shall be delineated
as follows:
(1)
In the case of Category 1 (C1) waters, the RBCZ shall equal
the special water resource protection area, and shall be measured
as defined at N.J.A.C. 7:8-5.5(h). Special water resource protection
areas are established along all waters designated as C1 at N.J.A.C.
7:9B and perennial or intermittent streams that drain into or upstream
of the C1 waters as shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage.
(2)
For areas adjacent to surface water bodies designated Category 2
waters for trout production (FW2-TP), the RBCZ shall be measured from
the defined edge of the intermittent or perennial stream, or center
line if the bank is not defined, and from the defined edge of a lake,
pond or reservoir at bank-full flow or level, and shall extend 150
feet horizontally outward from the perpendicular. Where steep slopes
(in excess of 10%) are located within the designated widths, the RBCZ
shall be extended to include the entire distance of this sloped area.
(3)
For areas adjacent to other surface water bodies, the RBCZ shall
be measured from the top of bank of an intermittent or perennial stream,
or center line if bank is not defined, and from the defined edge of
a lake, pond or reservoir at bank-full flow or level, and shall extend
75 feet horizontally outward from the perpendicular. Where steep slopes
(in excess of 15%) are located within the designated widths, the RBCZ
shall be extended to include the entire distance of this sloped area
to a maximum of 300 feet.
(4)
For areas adjacent to surface water bodies for which the floodway has been delineated, the RBCZ shall cover the entire floodway area, or the area described in § 371-4A(1) or (2), whichever area has the greatest extent. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site specific information is available.
B.
An RBCZ is an overlay to the existing zoning districts. The
provisions of the underlying district shall remain in full force except
where the provisions of the RBCZ differ from the provisions of the
underlying district, in which case, the provision that is more restrictive
shall apply. These provisions apply to land disturbances resulting
from or related to any activity or use requiring application for any
of the following permits or approvals:
C.
A map of the RBCZs of the entire municipality of Township of
Bordentown, including all land and water areas within its boundaries,
which designates surface water bodies, is included as part of this
chapter and is appended as Figure 1 of 1. Maps of the municipality
on which these designations have been overlain shall be on file and
maintained by the offices of the Clerk of Township of Bordentown.
This map conforms to all applicable laws, rules and regulations applicable
to the creation, modification and promulgation of zoning maps.
D.
It shall be the duty of the Engineer of Township of Bordentown, every second year after the adoption of this chapter, to propose modifications to the map delineating riparian buffer conservation zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the RBCZ map, to record all modifications to the RBCZ map required by decisions or appeals under § 371-11, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the Department for consideration if site-specific information is available.
E.
The applicant or designated representative shall be responsible
for the initial determination of the presence of an RBCZ on a site,
and for identifying the area on any plan submitted to the Township
of Bordentown 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.
F.
The municipal Master Plan provides the legal basis for zoning
and land use regulation at the local level. The technical foundation
for local RBCZs in this municipality should be incorporated into the
Master Plan. A technical report on the need for riparian buffer conservation
zones in Township of Bordentown may be adopted as part of the Master
Plan [N.J.S.A. 40:55D-28b(11)]. The technical report should include
the following information: a statement setting forth the rationale
and need to protect RBCZs; reference to the methods used to designate
and delineate RBCZs.
A.
For Category 1 (C1) RBCZs, permitted uses are governed by N.J.A.C.
7:8-5.5(h), unless otherwise exempt. If exempt from N.J.A.C. 7:8-5.5(h),
the uses shall be governed by this chapter as if the RBCZ was not
a Category 1 (C1) RBCZ.
B.
Any other RBCZ area shall remain in a natural condition or,
if in a disturbed condition, including agricultural activities, at
the time of adoption of this chapter may be restored to a natural
condition. There shall be no clearing or cutting of trees and brush,
except for removal of dead vegetation and pruning for reasons of public
safety or for the replacement of invasive species with indigenous
species. There shall be no altering of watercourses, dumping of trash,
soil, dirt, fill, vegetative or other debris, regrading or construction.
The following uses are permitted either by right or after review and
approval by the municipality in RBCZs. No new construction, development,
use, activity, encroachment, or structure shall take place in an RBCZ,
except as specifically authorized in this section. The following uses
shall be permitted within an RBCZ:
(1)
Open space uses that are primarily passive in character shall
be permitted by right to extend into an RBCZ, provided near stream
vegetation is preserved. These uses do not require approval by the
Zoning Enforcement Officer or compliance with an approved RBCZ Management
Plan. Such uses include wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, game farms, fish hatcheries and fishing
reserves, operated for the protection and propagation of wildlife,
but excluding structures. Such uses also include passive recreation
areas of public and private parklands, including unpaved hiking, bicycle
and bridle trails, provided that said trail have been stabilized with
pervious materials.
(2)
Fences, for which a permit has been issued by the Construction
Code Office, to the extent required by applicable law, rule or regulation.
(3)
Crossings by farm vehicles and livestock, recreational trails,
roads, railroads, stormwater lines, sanitary sewer lines, water lines
and public utility transmission lines, provided that the land disturbance
is the minimum required to accomplish the permitted use, subject to
approval by the Zoning Enforcement Officer, provided that any applicable
state permits are acquired, and provided that any disturbance is offset
by buffer improvements in compliance with an approved RBCZ Management
Plan and that the area of the crossing is stabilized against significant
erosion due to its use as a crossing.
(4)
Stream bank stabilization or riparian reforestation which conforms
to the guidelines of an approved RBCZ Management Plan, or wetlands
mitigation projects that have been approved by the Department of Environmental
Protection, subject to approval by the Zoning Enforcement Officer
and subject to compliance with an approved RBCZ Management Plan.
A.
All encroachments proposed into Category 1 (C1) RBCZs shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt. If exempt, the encroachment shall be subject to the provisions of § 371-6B below.
B.
For all other RBCZs, the following conditions shall apply:
(1)
All new major and minor subdivisions and site plans shall be
designed to provide sufficient areas outside of the RBCZ to accommodate
primary structures, any normal accessory uses appurtenant thereto,
as well as all planned lawn areas.
(2)
Portions of lots within the RBCZ must be permanently restricted
by deed or conservation easement held by Township of Bordentown, its
agent, or another public or private land conservation organization
which has the ability to provide adequate protection to prevent adverse
impacts within the RBCZ. A complete copy of the recorded conservation
restriction that clearly identifies the deed book and pages where
it has been recorded in the office of the clerk of the applicable
county or the registrar of deeds and mortgages of the applicable county
must be submitted to the municipality. The applicant shall not commence
with the project or activity prior to making this submittal and receiving
actual approval of the plan modification and receipt of any applicable
permits from the Department of Environmental Protection. The recorded
conservation restriction shall be in the form approved by the municipality
and shall run with the land and be binding upon the property owner
and the successors in interest in the property or in any part thereof.
The conservation restriction may include language reserving the right
to make de minimis changes to accommodate necessary regulatory approvals
upon the written consent of the municipality, provided such changes
are otherwise consistent with this chapter. The recorded conservation
restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated activity, date
of issuance, and date of expiration, and the conservation restriction
that, in addition, includes all of the prohibitions set forth at N.J.S.A.
13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and, where applicable,
for any additional properties subject to the conservation restrictions.
Such survey plans shall be submitted on the surveyor's letterhead,
signed and sealed by the surveyor, and shall include metes and bounds
descriptions of the property, the site, and the areas subject to the
conservation restriction in New Jersey State Plane Coordinates, North
American Datum 1983, and shall depict the boundaries of the site and
all areas subject to the conservation restriction as marked with flags
or stakes on site. All such survey plans shall be submitted on paper
and in digital CAD or GIS file on a media and format defined by the
municipality. The flags or stakes shall be numbered and identified
on the survey plan; and
(c)
A copy or copies of deeds for the property as a whole that indicate
the deed book and pages where it has been recorded in the office of
the Clerk of the applicable county or the registrar of deeds and mortgages
of the applicable county.
(3)
Any lands proposed for development which include all or a portion of an RBCZ shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the RBCZ which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved riparian buffer conservation zone management plan, described in § 371-10.
(4)
For building lots which exist as of the date of adoption of
this chapter, but for which a building permit or a preliminary site
plan approval has not been obtained or is no longer valid, the required
minimum front, side, and rear setbacks may extend into the RBCZ, provided
that a deed restriction and/or conservation easement is applied which
prohibits clearing or construction in the RBCZ.
(5)
All stormwater shall be discharged outside of but may flow through
an RBCZ and shall comply with the standard for off-site stability
in the "Standards for Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (See N.J.A.C. 2:90-1.3.)
(6)
If stormwater discharged outside of and flowing through an RBCZ cannot comply with the standard for off-site stability cited in § 371-6B(5), then the stabilization measures in accordance with the requirements of the above standards may be placed within the RBCZ, provided that:
(a)
Stabilization measures shall not be placed closer than 50 feet
from the top of the bank at bank-full flow or level of affected surface
water bodies.
(b)
The encroachment shall only be allowed where the applicant demonstrates
that the functional value and overall conditions of the RBCZ will
be maintained to the maximum extent practicable;
(c)
A conceptual project design meeting shall be held with the appropriate
municipal staff and Soil Conservation District staff to identify necessary
stabilization measures; and
(d)
All encroachments proposed under this section shall be subject
to review and approval by the Administrative Authority.
Nonconforming structures and uses of land within the RBCZ 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 a Category 1 (C1) RBCZ shall comply with the standards in N.J.A.C.
7:8-5.5(h).
C.
For all other RBCZs:
(1)
Encroachment within the RBCZ shall only be allowed where previous
development or disturbance has occurred. Existing impervious cover
shall not be increased within the RBCZ as a result of encroachments
where previous development or disturbances have occurred.
(2)
Discontinued nonconforming uses may be resumed any time within one 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 RBCZ, as measured against the intent and purpose under § 371-1, 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.
A.
Any use within a Category 1 (C1) RBCZ shall comply with the
standards in N.J.A.C. 7:8-5.5(h).
B.
For other RBCZs, any use or activity not specifically authorized in § 371-5 or 371-7 shall be prohibited within the RBCZ. By way of example, the following activities and facilities are prohibited:
(1)
Removal or clear-cutting of trees and other vegetation or soil
disturbance such as grading, except for selective vegetation removal
for the purpose of stream or riparian area stabilization or restoration
projects that require vegetation removal or grading prior to implementation.
(2)
Storage of any hazardous or noxious materials.
(3)
Use of fertilizers, pesticides, herbicides, and/or other chemicals
in excess of prescribed industry standards or the recommendations
of the Soil Conservation District.
(5)
Motor or wheeled vehicle traffic in any area, except as permitted
by this chapter.
(6)
Parking lots.
(8)
New subsurface sewage disposal areas. The expansion and replacement
of existing subsurface sewage disposal areas for existing uses is
permitted.
(9)
Residential grounds or lawns, except as otherwise permitted
pursuant to this chapter.
A.
For Category 1 (C1) RBCZs, requests for exemptions that fall
under the purview of the stormwater management rules must be authorized
by the New Jersey Department of Environmental Protection, as per N.J.A.C.
7:8-5.5(h).
B.
For other RBCZs, hardship variances may be granted by the Zoning
Board of Adjustment in cases of a preexisting lot (existing at the
time of adoption of this chapter) when there is insufficient room
outside the RBCZ for uses permitted by the underlying zoning and there
is no other reasonable or prudent alternative to placement in the
RBCZ, including obtaining variances from setback or other requirements
that would allow conformance with the RBCZ requirements, and provided
the following demonstrations are made:
(1)
An applicant shall be deemed to have established the existence
of an extreme economic hardship if the subject property is not capable
of yielding a reasonable economic return if its present use is continued
or if it is developed in accordance with provisions of this chapter
and that this inability to yield a reasonable economic return results
from unique economic circumstances peculiar to the subject property
which:
(a)
Do not apply to or affect other property in the immediate vicinity.
(b)
Relate to or arise out of the characteristics of the subject
property because of the particular physical surroundings, shape or
topographical conditions of the property involved, rather than the
personal situations of the applicant, and are not the result of any
action or inaction by the applicant or the owner or predecessors in
title.
(c)
The necessity of acquiring additional land to locate development
outside the RBCZ shall not be considered an economic hardship unless
the applicant can demonstrate that there is no adjacent land that
is reasonably available or could be obtained, utilized, expanded or
managed in order to fulfill the basic purpose of the proposed activity.
(2)
An applicant shall be deemed to have established compelling
public need if the applicant demonstrates, based on specific facts,
that one of the following applies:
(3)
A variance can only be granted if it is shown that the activity
is in conformance with all applicable local, state, and federal regulations,
and that the exception granted is the minimum relief necessary to
relieve the hardship.
C.
If the above demonstrations are made, then the encroachment
of impervious surfaces (structures or pavement) otherwise permitted
by the underlying zoning is permitted to the extent of 750 square
feet total. Said encroachment is not permitted closer than 100 feet
from the top of the bank at bank-full flow or level of Category 2
waters for trout production (FW2-TP), or closer than 50 feet from
the top of the bank at bank-full flow or level of other surface water
bodies.
D.
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded RBCZ area within or adjacent to the same site, and at least equivalent in size to the RBCZ reduction permitted, or, if not possible, rehabilitate or expand an RBCZ area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with an RBCZ Management Plan, as described in § 371-10 below.
A.
Within any RBCZ, no construction, development, use, activity,
or encroachment shall be permitted unless the effects of such development
are accompanied by preparation, approval, and implementation of a
riparian buffer conservation zone management plan.
B.
The landowner, applicant, or developer shall submit to Director
of Community Development, or its appointed representative, a riparian
buffer conservation zone management plan prepared by an environmental
professional, professional engineer or other qualified professional
which fully evaluates the effects of any proposed uses on the RBCZ.
The riparian buffer conservation zone management plan shall identify
the existing conditions, including:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Existing vegetation;
(2)
Field-delineated surface water bodies;
(3)
Field-delineated wetlands;
(4)
The 100-year floodplain;
(5)
Flood hazard areas, including floodway and flood-fringe areas,
as delineated by the New Jersey Department of Environmental Protection;
(6)
Soil classifications as found on soil surveys;
(7)
Existing subdrainage areas of site with HUC-14 (hydrologic unit
code) designations;
(8)
Slopes in each subdrainage area segmented into sections of slopes
less than or equal to 15%; above 15% but less 20%; and greater than
20%. The proposed plan shall describe all proposed uses/activities,
and fully evaluate the effects of all proposed uses/activities in
an RBCZ, and all proposed management techniques, including proposed
vegetation and any other measures necessary to offset disturbances
to the RBCZ. A discussion of activities proposed as well as management
techniques proposed to offset disturbances and/or enhance the site
to improve the RBCZ's ability to function effectively as an RBCZ shall
also be included with the RBCZ management plan submittal to Township
of Bordentown.
C.
The plan shall be reviewed and must be approved by the Engineer
of Township of Bordentown, in consultation with the Environmental
Commission, as part of the subdivision and land development process.
D.
The riparian buffer conservation zone management plan must include
management provisions in narrative and/or graphic form specifying:
(1)
The manner in which the area within the RBCZ will be owned and
by whom it will be managed and maintained.
(2)
The conservation and/or land management techniques and practices
that will be used to conserve and protect the RBCZ, as applicable.
(3)
The professional and personnel resources that are expected to
be necessary, in order to maintain and manage the RBCZ.
(4)
A revegetation plan, if applicable, that includes three layers
of vegetation, including herbaceous plants that serve as ground cover,
understory shrubs, and trees that when fully mature, will form an
overhead canopy. Vegetation selected must be native, noninvasive species,
and consistent with the soil, slope and moisture conditions of the
site. The revegetation plan shall be prepared by a qualified environmental
professional, landscape architect, or professional engineer, and shall
be subject to the approval of the Municipal Engineer, in consultation
with the Environmental Commission. Dominant vegetation in the riparian
buffer conservation zone management plan shall consist of plant species
that are suited to the stream buffer environment. The Engineer of
Township of Bordentown may require species suitability to be verified
by qualified experts from the Soil Conservation District, Natural
Resources Conservation Service, New Jersey Department of Environmental
Protection, United States Fish and Wildlife Service and/or state or
federal forest agencies.
E.
A riparian buffer conservation zone management plan is not required
where the RBCZ is not being disturbed and conservation easements/deed
restrictions are applied to ensure there will be no future clearing
or disturbance of the RBCZ.
F.
Performance of the riparian buffer conservation zone management
plan shall be guaranteed a minimum of two years by a surety, such
as a bond, cash or letter of credit, which shall be provided to the
Township of Bordentown prior to the Township of Bordentown issuing
any permits or approving any uses relating to the applicable use or
activity.
A.
When a landowner or applicant disputes the boundaries of an
RBCZ, or the defined bank-full flow or level, the landowner or applicant
shall submit evidence to Township of Bordentown that describes the
RBCZ, presents the landowner or applicant's proposed RBCZ delineation,
and presents all justification for the proposed boundary change. For
Category 1 (C1) RBCZs, the landowner or applicant must first obtain
approval from the New Jersey Department of Environmental Protection.
A decision from the Department must be included with the evidence
submitted for municipal review.
B.
Within 45 days of a complete submission of § 371-11A above, the Engineer of Township of Bordentown, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to Township of Bordentown and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
C.
Any party aggrieved by any such determination or other decision or determination under § 371-11B may appeal to the Township of Bordentown under the provisions of this chapter. The party contesting the location of the RBCZ boundary shall have the burden of proof in case of any such appeal.
D.
Any party aggrieved by any determination or decision of the
Township of Bordentown under this chapter may appeal to the Planning
Board of Township of Bordentown. The party contesting the determination
or decision shall have the burden of proof in case of any such appeal.
E.
Inspections.
(1)
Lands within or adjacent to an identified RBCZ shall be inspected
by Township of Bordentown when:
(2)
The RBCZ may also be inspected periodically by representatives
from Township of Bordentown if excessive or potentially problematic
erosion is present, other problems are discovered, or at any time
when the presence of an unauthorized activity or structure is brought
to the attention of municipal officials or when the downstream surface
waters are indicating reduction in quality.
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 apply.
A.
Interpretation. This chapter shall be so construed as not to
conflict with any provision of New Jersey or federal law.
B.
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.
C.
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 the appropriate personnel
of Township of Bordentown 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 Township of Bordentown, 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.
