Unless otherwise provided for by this article, riparian zones shall remain in or be restored to their natural, indigenous state, with no clearing or cutting of trees and brush, altering of watercourses, regrading or construction. For riparian zones in C1 waters, permitted uses are governed by 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, unless otherwise exempt. The following shall be permitted uses or activities in all other riparian zones, provided that they do not disturb the indigenous character of the area:
A. Public and private parkland and open space uses that are primarily passive in character, provided that near-stream vegetation is preserved. These uses do not require compliance with an approved riparian zone management plan. Such uses include wildlife sanctuaries, nature preserves, forest preserves, and fishing areas operated for the protection and propagation of wildlife, but excluding structures. Such uses also include swimming and fishing areas, boat launches and unpaved hiking, bicycle and bridle trails, provided that said trails have been stabilized with pervious materials.
B. Open fences for which a permit has been issued to the extent required by local ordinance.
C. Crossings by recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, waterlines and public utility transmission lines, subject to approval by the Borough Engineer, provided that the land disturbance is the minimum required to accomplish the permitted use, that any applicable state permits are acquired, that any disturbance is offset by buffer improvements in compliance with an approved riparian zone management plan, and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.
D. Stream bank stabilization or riparian reforestation, which conform to the guidelines of an approved riparian zone management plan, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the Borough Engineer and subject to compliance with an approved riparian zone management plan.
E. Maintenance of landscaping, including removal of dead vegetation, fallen trees and in-channel debris; pruning for reasons of imminent public safety; removal of invasive species.
F. Reconstruction of a structure that predates the adoption of this article in the event of damage or destruction by fire or natural hazards, provided that the reconstruction does not have a greater footprint or total area than that of the damaged structure and no change in land use occurs. Any such reconstruction shall be performed in accordance with current state and federal construction standards within floodplains.