A. 
The governing body of the Borough of Raritan finds that properly vegetated riparian lands adjacent to streams, lakes or other surface water bodies provide important environmental protection and resource management benefits. 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 surface water bodies within Raritan, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas.
B. 
The purpose of this article is to establish minimal acceptable requirements for the design of buffers to protect riparian areas; to protect the water quality of watercourses, lakes and other significant water resources; to protect riparian and aquatic ecosystems; and to provide for the environmentally sound use of Raritan's land resources.
A. 
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE AUTHORITY
The Planning Board, Construction Office or Zoning Office with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
APPLICANT
A person, corporation, government body or other legal entity applying to the Planning Board, Construction Office, or Zoning Office to engage in an activity that is regulated by the provisions of this article and that would be located in whole or in part within a regulated riparian zone.
DISTURBANCE
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
RIPARIAN ZONE
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.
RIPARIAN ZONE MANAGEMENT PLAN
A plan prepared by a landscape architect, professional engineer or other qualified professional that evaluates the effects of any proposed activity or use 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.
B. 
All other words and/or terms utilized in this article 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 article and as they may be amended over time.
A. 
Applicability. Except as provided in § 315-66 and § 315-67 below, riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance.
B. 
Applicant's responsibility. 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 Raritan 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 Borough Engineer and, where required by state regulation, the New Jersey Department of Environmental Protection.
C. 
Mapping standards. Riparian zones shall be delineated as follows:
(1) 
The riparian zone shall be 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 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 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 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 measuring 50 feet wide shall be maintained along both sides of the water.
(4) 
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:
(a) 
Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's center line;
(b) 
Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;
(c) 
Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and
(d) 
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 center line.
(5) 
The riparian zone shall encompass the 100-year floodplain wherever the floodplain has been delineated.
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.
Any use or activity not specifically authorized in § 315-65, 315-66 or 315-67 of this article shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:
A. 
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.
B. 
Storage of any hazardous or noxious materials.
C. 
Alteration of watercourses, regrading, dumping of trash, soil, dirt, fill, vegetative or other debris.
D. 
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.
E. 
Roads, driveways, or motor vehicle traffic except where otherwise permitted by this article.
F. 
Impervious parking lots.
G. 
Any type of permanent structure, except structures needed for a use permitted by § 315-66.
A. 
To the extent allowed by the Stormwater Management Rules (N.J.A.C. 7:8) and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), new disturbances for projects or activities in the riparian zone established by this article may be granted a variance by the Planning Board in accordance with N.J.S.A. 40:55D-70 of the Municipal Land Use Law, provided that:
(1) 
The disturbance is proposed to be located on a preexisting lot (existing as of the effective date of this article) and there is insufficient room outside the riparian zone for the proposed use otherwise permitted by the underlying zoning;
(2) 
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; or
(3) 
It is demonstrated that the disturbance is necessary to:
(a) 
Protect public health, safety or welfare;
(b) 
Provide an environmental benefit;
(c) 
Prevent extraordinary hardship on the property owner peculiar to the property; or
(d) 
Prevent extraordinary hardship, provided that the hardship was not created by the property owner, by not allowing a minimum economically viable use of the property based upon reasonable investment.
B. 
If a variance is granted under this section, the applicant shall rehabilitate an environmentally degraded riparian zone within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone at least equivalent in size within a nearby site owned by the same applicant, and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization, and removal of debris in accordance with a riparian zone management plan.
C. 
If no options exist for the rehabilitation of an alternate riparian zone, the Borough may require a financial contribution be made to an open space or municipal stormwater management plan mitigation plan fund in exchange for this requirement.
To the extent allowed under the Stormwater Management Rules (N.J.A.C. 7:8) and the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), 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 article are allowed:
A. 
Reconstruction 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;
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.;
F. 
Disturbance that would prevent extraordinary hardship on the property owner peculiar to the property; or prevent extraordinary hardship, provided that the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment.
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 CI water shall comply with the standards in the Stormwater Management Rules at N.J.A.C. 7:8-5 and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
C. 
In non-Category One 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 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 of this article, than the existing or former nonconforming use.
A. 
All encroachments proposed into riparian zones in C1 waters shall comply with the requirements of 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, and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.
B. 
The following conditions shall apply to all other riparian zones:
(1) 
All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.
(2) 
Any lands proposed for development which include all or a portion of a riparian zone shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including 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 zone management plan.
C. 
For building lots which exist as of the date of adoption of this article, 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 riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone.
D. 
All stormwater shall be discharged outside of but may flow through a riparian zone 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.I.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3). If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability, then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-10.2 et seq. And have an approved flood hazard area permit.
Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement held by the Borough of Raritan, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the riparian zone.
Unless otherwise exempt under this article, a landowner, applicant, or developer proposing any activities regulated by this article and requiring major subdivision or site plan approval shall submit a riparian zone management plan to the Borough Engineer as described in this section. The riparian zone management plan shall be prepared by an environmental professional, professional engineer or other qualified professional and fully evaluate the effects of any proposed uses on the riparian zone. A riparian zone management plan is not required where the riparian zone is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the riparian zone.
A. 
The management plan shall identify existing conditions, including:
(1) 
Vegetation;
(2) 
Field-delineated surface water bodies;
(3) 
Field-delineated wetlands;
(4) 
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 with HUC-14 (Hydrologic Unit Code) designations; and
(8) 
Slopes in each subdrainage area segmented into sections of slopes that are less than 15%; above 15% but less than 20%; and greater than 20%.
B. 
The management plan shall describe all proposed uses and activities and fully evaluate the effects of those uses and activities in a riparian zone, and describe all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances or enhance the riparian zone.
C. 
The management plan shall include provisions in narrative and/or graphic form specifying:
(1) 
The manner in which the area within the riparian zone 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 riparian zone.
(3) 
The professional and personnel resources that are expected to be necessary to maintain and manage the riparian zone.
(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 form an overhead canopy. Vegetation selected must be native, noninvasive species, consistent with the soil, slope and moisture conditions of the site. Dominant vegetation in the riparian zone management plan shall consist of plant species that are suited to the riparian zone environment. The Borough Engineer 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, U.S. Fish and Wildlife Service and/or state or federal forest agencies.
D. 
The management plan shall be reviewed by the Borough Engineer, who shall prepare and submit a report with recommendations to the applicable administrative authority prior to the authority rendering a decision.
E. 
The applicable administrative authority may require performance guarantees to ensure implementation of the management plan covering a period of not less than two years in the form of a bond, cash or letter of credit, which shall be provided to the Borough prior to the issuance of any permits.
Any party aggrieved by the location of the riparian zone boundary determination under this article may appeal to the Borough Engineer. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal. Any party wishing to appeal the determination of the Borough Engineer shall file a notice of appeal with the Raritan Borough Council within 20 days of receipt of the Borough Engineer's decision. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
Lands within or adjacent to an identified riparian zone may be inspected by an authorized municipal representative as part of the normal review process under the following circumstances:
A. 
A subdivision or land development plan is submitted.
B. 
A construction permit is requested for new construction which results in a net increase in lot coverage.
C. 
A change or resumption of a nonconforming use is proposed.
D. 
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.
When a riparian zone has been altered in violation of this article, all ongoing development work shall stop and the riparian zone shall be restored. The Borough, through the office of the Borough Engineer, shall have the authority to issue a stop-work order to cease all ongoing development work and order restoration, rehabilitation or replacement measures at the expense of the owner or other responsible party, as appropriate, in order to compensate for violation of the provisions of this article.