[Amended 6-11-2008 by Ord. No. 2-2008]
A.
A planted, landscaped buffer shall be provided and maintained by
the owner or lessee of a nonresidential property and a contiguous
residentially used or zoned property, except where natural or physical
barriers exist.
C.
Buffers shall be one-hundred-percent evergreen, planted six feet
apart in two rows within a ten-foot width, and shall be six feet to
eight feet high at the time of initial planting. Such plantings shall
provide a thick, dense visual buffer from the ground to a height of
eight feet.
D.
At the discretion of the Planning Board or Zoning Board, the use
of a suitable fence or wall (for small lots) with possible reduction
of width requirements may be approved in lieu of the required landscape
buffer.
A.
Purposes. The purposes of this section are as follows:
(1)
To provide meaningful protection against further degradation
of water quality within the stream corridor.
(2)
To promote continued restoration of the stream corridor ecosystem.
(3)
To protect significant ecological components of the stream corridor,
including, but not limited to, wildlife and plant habitat, steep slopes,
stable stream banks, woodland areas, groundwater recharge zones, floodplains
and wetlands.
(4)
To prevent excessive nutrients, sediment, organic matter and
pollutants from reaching the surface water.
(5)
To provide shading of the aquatic realm so as to moderate temperatures,
retain dissolved oxygen and support a healthy assemblage of aquatic
flora and fauna.
(6)
To provide natural organic matter (fallen leaves, twigs, trees
and limbs) as food and habitat for lower classification organisms
essential to the ecosystem's food chain.
(7)
To preserve and restore natural stream flow patterns.
(8)
To insure adequate flood event capacity, thereby protecting
the natural communities from flood damage.
(9)
To preserve recreational and education resources of the Pompeston
Creek, including the visual integrity of the creek experience.
(10)
To complement state, regional, county and municipal corridor
protection and management regulations and initiatives.
B.
Findings. The purposes of this section are based upon the findings
that:
(1)
It is in the public interest to restore and then maintain the
ecological health and vitality of the Pompeston Creek for present
and future generations.
(2)
It is in the public interest to protect and enhance the scenic
value of the creek, as well as its educational and recreational resources.
(3)
It is necessary and desirable to regulate the impact of land
development because such activity has proven to be a significant source
of environmental degradation along the Pompeston Creek.
(4)
It is necessary to regulate the total impact of site specific
developments and avoid disjointed and ad hoc reviews of individual
projects that affect the stream.
(5)
It is desirable to provide land use regulations that protect
riparian and aquatic ecosystems in a manner that is also cognizant
of the landowners' interest in making reasonable use of parcels of
land that include protected stream corridor zones.
C.
Jurisdiction. These regulations shall apply to all areas of the Pompeston
Creek within the Borough of Riverton which are not otherwise under
the jurisdiction of state regulations pertaining to stream buffer
protection. In incidents where these regulations conflict with regulations
of other jurisdictions, the more restrictive regulations shall apply.
D.
ACTIVITY
BANK
BUFFER
HYDROLOGICAL FLOODPLAIN
ONE-HUNDRED-YEAR FLOODPLAIN
RIPARIAN
STREAM
STREAM BANK
STREAMBED
STREAM BUFFER ZONE
STREAM CORRIDOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any land disturbance, including but not limited to clearing
of vegetation, excavating, grading, or construction upon the land,
with or without a land use development application.
Stream bank.
Stream buffer zone.
The relatively flat, distinctly edged physiographic landform
adjacent to the top of the stream bank onto which the stream waters
would historically flow if the stream overtops its banks during unusually
intense storm events.
The area adjacent to the stream that is subject to inundation
during a storm event that has an estimated recurrence interval of
100 years. For the purposes of this section, the one-hundred-year
floodplain must be calculated using standard engineering practices
for each subject site or parcel.
Living on or related to the stream bank.
The Pompeston Creek and its primary tributaries.
That land area immediately adjacent to the bed of the stream
and which is essential to defining the limits of the streambed.
The maximum area covered by the waters of the stream for
not less than 15 consecutive days in one year.
The area which functions to remove or mitigate the effects
of development and its associated sediments and pollutants prior to
their entry in the stream. The width of, and the standards for, the
buffer zone are prescribed in this section. This area may or may not
contain trees and other native vegetation at the time of section enactment.
Includes the streambed, stream bank, the site-specific and
calculated one-hundred-year floodplain associated with the stream,
any adjacent steep slopes greater than 12%, and the associated stream
buffer zone as prescribed herein.
E.
Activities permitted within the stream buffer zone:
(1)
Wildlife sanctuaries, woodland preserves, public parks, and
existing municipal facilities.
(2)
Pervious pedestrian and bicycle trails.
(3)
Passive recreation, including recreational fishing.
(4)
Environmentally sensitive stream restoration activity and reforestation.
(5)
Water quality and ecosystem monitoring activities.
(6)
Removal of invasive plant species as identified in the Riverton
Environmental Resource Inventory.
(7)
Removal of dead or dying trees only when they threaten the health
or real property (such as a building) of the landowner.
(8)
Boardwalks that are designed and constructed to minimize disturbance
of the stream corridor's ecosystem.
(9)
Reconstruction of existing structures within the stream buffer
zone provided such structures existed at the time this section was
adopted, and the reconstructed structures are built in the same location
or farther from the stream, on the same or smaller footprint and do
not exceed the height of the original structure.
(10)
Preexisting accessory uses and structures, such as lawns, driveways,
swimming pools, gardens, and sheds.
F.
Activities prohibited within the stream buffer zone:
(1)
Alteration of the streambed or stream corridor by development,
construction or land disturbance activity.
(2)
Clearing or cutting of any vegetation, except for the removal
of invasive plant species as identified in the Riverton Environmental
Resource Inventory.
(3)
Application or storage of pesticides, fertilizers, herbicides,
and other environmentally hazardous substances unless otherwise permitted
with valid state or federal approval.
(4)
Disposal of brush, debris or solid or liquid waste unless otherwise
permitted with state or federal approval.
(5)
Construction of any type of permanent structures, including
fences.
(6)
The expansion of existing principal structure, accessory structures
and/or accessory uses.
(7)
Construction of new structures, accessory uses, surface or subsurface
stormwater management and/or drainage systems, new impervious surfaces.
(8)
Discontinued uses or structures that do not resume use within
one year of their discontinuation shall not be permitted and any new
activity on the site for which municipal approval is required shall
include the removal of discontinued uses or structures unless otherwise
determined by the Zoning Board of Adjustment.
G.
Stream buffer protection and standards.
(1)
Stream buffer zone. All property within 100 feet of the top
of the stream bank, or the seasonal high waterline of the streambed
if a stream bank is not discernible, or the calculated one-hundred-year
floodplain, whichever is greater, shall be subject to the standards
included herein. The stream buffer zone shall be increased by two
feet for every 1% slope as calculated based on the average slope of
the initial hundred-foot buffer zone, beginning at the seasonal high
waterline. The average slope shall be calculated perpendicular to
the stream, at twenty-foot intervals across the property, with a minimum
of three transects per site. The landowner or applicant shall be responsible
for the initial determination of the stream buffer zone, which shall
be reviewed and approved by the Zoning Officer in consultation as
necessary with the Borough Engineer or Planner.
(2)
Provisions governing the stream buffer zone. There shall be no disturbance within the stream buffer zone unless otherwise approved in accordance with this section. Only permitted activities noted in Subsection E above may be undertaken within a stream buffer zone. All other activities, not expressly noted in Subsection E above, are expressly prohibited. Any activity within the stream buffer zone, including permitted activities, with the exception of activities in Subsection E(6) and (7) shall require review and approval by the Zoning Officer. Should the Zoning Officer determine that a site plan of the proposed activity is required, a site plan for permitted activities shall be submitted for review by the Planning Board. Proposed activities that are not permitted shall be reviewed by the Zoning Board as part of a use variance application. Proposed activities that are not permitted in the stream buffer zone, but which receive variance approval from the Zoning Board of Adjustment shall not be visible from the streambed. All activities within the stream buffer zone shall rehabilitate or cure the effects of disturbance to the zone, maintain the integrity of the surrounding habitat and advance the purposes of this section.
(3)
Stream buffer restoration. An applicant for any land development
application which includes a stream buffer zone shall rehabilitate
degraded areas of the stream as part of the development application.
Such rehabilitation shall be conducted in such a manner as to be acceptable
to the board of jurisdiction.
(4)
Stream buffer averaging. To accommodate reasonable flexibility
for site planning, the Planning or Zoning Board of Adjustment may
modify the stream buffer zone line and reduce it by no more than 25
feet as long as the buffer zone is increased by an equal amount elsewhere
on site and such an adjustment does not adversely impact the purposes
of this section.
(5)
Stream buffer conservation easement. On sites on which the stream
buffer zone is modified by the local board of jurisdiction or because
of preexisting, nonconforming buildings or other improvements, no
new activity may begin within the stream buffer zone until a stream
buffer conservation easement has been drafted, approved by the Borough
and recorded with the deed of the property at the county. Such an
easement will define the limits of the stream buffer zone and stipulate
that the zone cannot be further reduced in size.
(6)
Development density. The land area within the stream buffer
zone which is not subject to state-regulated wetlands, wetlands buffers
or floodplain restriction shall not be subtracted from the buildable
area of the lot relative to permissible housing density or commercial
floor area development.
(7)
Stormwater management. All stormwater shall be discharged outside
the stream buffer zone, but may flow through it, provided the area
is stabilized adequately against increased soil erosion.
H.
Submission requirements.
(1)
Stream buffer zone plan review required. All development applications and building permit applications on lots encumbered by a stream buffer zone shall be subject to a stream buffer zone plan review. In addition, any activity within a stream buffer zone, whether regulated by other land use procedures or not, shall require a stream buffer zone plan review, unless specifically exempt by under Subsection E(6) and (7) of this section.
(2)
Plan submission requirements. Site plan(s) for any project or
parcel that requires a stream buffer zone plan review shall include
the following information:
(a)
A survey of the property.
(b)
The calculated, engineered site-specific one-hundred-year floodplain
line.
(c)
A current letter of interpretation from the NJDEP identifying
the wetlands line and the wetlands buffer line.
(d)
Contour lines at intervals of not more than one foot with the
streambed, stream bank and steep slopes delineated.
(f)
The location of all existing and proposed improvements on the
site.
(g)
The proposed limit of disturbance.
(3)
Review process. Once the submission is deemed complete by the
Zoning Officer, the Zoning Officer shall review the application within
15 days and/or refer the application to the appropriate municipal
board for review if required. If the stream buffer zone plan is not
referred to a municipal board, the Zoning Officer will review, and
if appropriate, approve the plan and issue a permit for the proposed
activity. If a stream buffer conservation easement is required, it
must be recorded with the county before a permit for the proposed
activity can be issued and the applicant will be advised accordingly
in writing by the Zoning Officer.
(4)
Appeals process. The Zoning Board of Adjustment shall be authorized
to consider and decide all appeals pertaining to stream buffer zone
plans, reviews and decisions.
I.
Enforcement.
(1)
Where a lot owner disturbs the stream buffer in violation of
this section, the Zoning Officer shall require a complete remediation
of the disturbed area of the stream buffer zone. Depending on the
severity of the unauthorized disturbance, such restoration may return
the disturbed area to its original condition or, using reasonable
discretion, the Zoning Officer may require an enhanced restoration
plan that will improve the environmental state of the disturbed areas.
It is the intention of this section that egregious and woeful acts
of disregard for the purposes of this section shall be addressed with
more stringent remediation requirements. Remedial work may include
the removal of unauthorized improvements, revegetation of ground cover,
understory and overstory vegetation, restoration of natural topographic
features, creation of habitat and other remedial operations as may
be necessary to reverse the unauthorized disturbance. In incidences
where a property owner refuses to calculate the site-specific limits
of the one-hundred-year flood, the one-hundred-year line as determined
by FEMA (Federal Emergency Management Agency) shall apply.
(2)
All areas subject to erosion shall be corrected and stabilized
within 30 days of notification of the violation from the Zoning Officer.
All other remedial work shall occur within 30 days of notification
or, if it is not the season for planting, work shall occur prior to
the end of the following April. The notice of violation shall stipulate
the anticipated completion time for remedial work.
(3)
If it is determined that the violation continues after the time
affixed for remediation, the Zoning Officer shall issue a citation
by certified mail to the person who is in violation. The person to
whom the citation is sent shall have 30 days to complete the remediation
or appeal it to the Zoning Board of Adjustment. Failing to do so will
result in civil penalties, not to exceed $1,000 for each violation,
unless other penalties are deemed appropriate by the Court. The person
to whom the citation is sent shall also be responsible for any and
all costs and expenses incurred by the Borough for the violation.
