[Ord. #1504, 11-8-2001, added; Ord. #1730, 7-13-2004, amended; Ord. #1895, 9-26-2006, amended; Ord. #2521, 5-23-2023, amended]
a. Purpose and Intent. Vegetation adjacent to surface waters is essential for maintaining bank stability and water quality. The indiscriminate disturbance of such vegetation destabilizes the channels and banks of surface waters, which leads to increased erosion and sedimentation that exacerbates the intensity and frequency of flooding. The loss of vegetation adjacent to surface waters also reduces filtration of stormwater runoff and subjects surface waters to increased sun exposure, which causes water temperatures to rise and dissolved oxygen content to fall. Such impacts adversely affect the health and habitat of fish and wildlife that depend upon clean surface waters and therefore disrupt the ecological balance that is necessary for life. Humans are ultimately affected by this imbalance since clean water is essential for all life. The purpose of this subsection is to preserve the quality of surface waters, and to protect the wildlife and vegetation that exist within and depend upon such areas for sustenance and habitat, and specifically to:
1. Reduce the amount of nutrients, sediment, organic matter, pesticides and other harmful substances that reach watercourses, wetlands and subsurface and surface water bodies by using scientifically proven processes, including filtration, deposition, absorption, adsorption, plant uptake, biodegradation and denitrification and by improving infiltration, encouraging sheet flow and stabilizing concentrated flows.
2. Improve and maintain the safety, reliability and adequacy of the water supply for domestic, agricultural, commercial, industrial and recreational uses while sustaining diverse populations of aquatic flora and fauna.
3. Regulate the land use, siting and engineering of all development to be consistent with the intent and objectives of this section and accepted conservation practices, and to work within the carrying capacity of existing natural resources.
4. Assist in the implementation of pertinent state laws concerning erosion and sediment control practices.
5. Conserve the natural features important to land and water resources (e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, prime wildlife habitats) and other features constituting high recreational value or containing amenities that exist on developed and undeveloped land.
6. Work with floodplain, steep slope and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property and stream features.
7. Conserve natural, scenic and recreation areas within and adjacent to stream areas for the community's benefit.
b. This subsection hereby adopts by reference the provisions relating to riparian zones as set forth in the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), as they exist at the time of adoption of this subsection and as they may change from time to time.
c. Definitions. The terms used in this subsection shall have meanings as defined in § 21-3 and, if not defined in § 21-3, as defined in the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), the Stormwater Management Rules (N.J.A.C. 7:8), the Water Quality Management Planning Rules (N.J.A.C. 7:15), and the Surface Water Quality Standards (N.J.A.C. 7:9B), as they exist at the time of adoption of this subsection and as they may change from time to time.
d. Determining the Riparian Zone. Generally speaking, a riparian zone is the land and vegetation within and adjacent to both sides of a regulated watercourse. It may extend 50 feet, 150 feet, or 300 feet from the top of bank of the watercourse, depending on the environmental sensitivity of the watercourse and its surrounding area. With a few exceptions, as set forth in N.J.A.C. 7:13-2.2 and 2.3, and subject to individual analysis of the specific property in question, every watercourse having a drainage area of 50 acres or greater possesses a riparian zone. Also, any naturally occurring watercourse having a discernible channel possesses a riparian zone, no matter how small the drainage area. The width of a riparian zone shall be as indicated below and as set forth in N.J.A.C. 7:13:
1. The width of the riparian zone along any regulated water designated as a Category One water, and all upstream tributaries situated within the same HUC-14 watershed, is 300 feet;
2. Except for the regulated waters listed at § 21-14.4d1 above, the width of the riparian zone along the following regulated waters is 150 feet:
(a) Any trout production water and all upstream waters (including tributaries);
(b) Any trout maintenance water and all upstream waters (including tributaries) located within one mile of a trout maintenance water (measured along the length of the regulated water); and
(c) Any segment of a water flowing through an area that contains a threatened or endangered species, and/or present or documented habitat for those species, which is critically dependent on the regulated water for survival, and all upstream waters (including tributaries) located within one mile of such habitat (measured along the length of the regulated water). A list of critically dependent species is available from the New Jersey Department of Environmental Protection at the website set forth at N.J.A.C. 7:13-1.3; and
3. For all other regulated waters not identified in § 21-14.4d1 or 2 above, the width of the riparian zone is 50 feet.
e. Responsibility for Riparian Zone Determination. The applicant or his or her designated representative shall be responsible for the initial width determination of a riparian zone and for identifying the riparian zone on any plan submitted to the Township in conjunction with an application for a construction permit or development plan approval or whenever the width determination is deemed necessary by the Zoning Enforcement Officer in order to determine compliance with this subsection. The initial determination shall be subject to approval by the Township Engineer and, when required pursuant to N.J.A.C. 7:13, subject to verification by the New Jersey Department of Environmental Protection.
f. Development Within a Riparian Zone. No development, disturbance of land or vegetation, use or activity is permitted within a riparian zone unless the applicant has obtained from the New Jersey Department of Environmental Protection an individual permit or a general permit, or has complied with the requirements of a permit-by-rule or a general permit-by-certification, as set forth in N.J.A.C. 7:13. An activity that is not a regulated activity pursuant to N.J.A.C. 7:13-2.4 is not subject to the requirement of this subsection.
g. Establishing a Riparian Zone Conservation Easement.
1. When an applicant submits any of the following applications, the applicant shall establish a riparian zone conservation easement containing the riparian zone on the subject property.
(a) An application to the Construction Code Office for a construction permit for work within a riparian zone, excluding an application involving only a fence.
(b) An application to the Planning Board or Board of Adjustment for approval of a development plan, excluding an application involving only a fence.
2. The riparian zone conservation easement shall be in a form acceptable to the Township and shall be recorded in the Office of the Somerset County Clerk prior to the Township issuing any permit and prior to the applicant commencing any use relating to the application. In the event the subject property contains a stream buffer conservation easement established under a prior version of this subsection, the stream buffer conservation easement shall be extinguished in favor of the riparian zone conservation easement.