[Added 4-20-09 by Ord. No. 09-10]
The governing body of East Brunswick Township 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 East Brunswick
Township, consistent with the interest of landowners in making reasonable
economic use of parcels of land that include such designated areas.
The specific purposes and intent of this Ordinance are to:
A.
Restore and maintain the chemical, physical, and biological integrity
of the Township's water resources;
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 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 (leaves and
twigs) and large woody debris (trees and limbs) that provide food
and habitat for aquatic 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, ground water recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
East Brunswick Township 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. The
Township is also empowered to adopt and implement this Ordinance under
provisions provided by the following legislative authorities of the
State of New Jersey:
Water Pollution Control Act, N.J.S.A. 58:10A 1 et seq.
Water Quality Planning Act, N.J.S.A. 58:11A 1 et seq.
Spill Compensation and Control Act, N.J.S.A. 58:10 23 et seq.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24 39 et seq.
Flood Hazard Area Control Act, N.J.S.A. 58:16A 50 et seq.
All definitions in New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-3, Town Code 132-3 and Town Code 228-3 shall also apply to
this Ordinance. Certain words and terms in this chapter are defined
for the purpose thereof as follows:
Soils that contain geologic deposits of iron sulfide materials
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
A person, corporation, government body or other legal entity
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 ordinance, and that would be located in whole or
in part within a regulated Riparian Zone.
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 thereunder 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.
A surface water body with definite bed and banks in which
there is not a permanent flow of water and shown on the New Jersey
Department of Environmental Protection Geographic Information System
(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.
Any surface water body shown on the New Jersey Department
of Environmental Protection Geographic Information System (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; that is an impoundment, whether naturally occurring or created
in whole or in part by the building of structures for the retention
of surface water. This excludes sedimentation control and stormwater
retention/detention basins and ponds designed for treatment of wastewater.
Developments that are constructed in a linear fashion across
the landscape; i.e., power lines, roads, railways, pipelines (gas,
oil), telecommunications infrastructure and man-made waterways. Linear
development is often consequential to other forms of commercial and
industrial development.
A surface water body that flows continuously throughout the
year in most years and shown on the New Jersey Department of Environmental
Protection Geographic Information System (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.
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.
There is no riparian zone along the Atlantic Ocean nor along any man-made
lagoon or oceanfront barrier island, spit or peninsula.
A plan prepared by a professional engineer or a registered
landscape architect which evaluates the effects of proposed activity/uses
on a designated riparian zone. The plan shall include an identification
of existing conditions, all proposed activities and all proposed management
techniques, including any measures necessary to offset disturbance
to any affected riparian zone and shall be prepared in accordance
with the Township's adopted performance standards for riparian zones.
Any perennial stream, intermittent stream, lake, pond, or
reservoir, as defined herein. In addition, any regulated water under
the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State
open waters identified in a Letter of Interpretation issued under
the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by
the New Jersey Department of Environmental Protection Division of
Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered
Species Act of 1973, 16 U.S.C. ' '1531 et seq. or the Endangered Plant
Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection's Surface Water
Quality Standards at N.J.A.C. 7:9B.
A.
Riparian zones adjacent to all surface water bodies shall be protected
from avoidable disturbance and shall be delineated as follows:
B.
The designated riparian zone as defined above shall be based on New
Jersey Department of Environmental Protection GIS digital data and
include all land and water bodies within its boundaries. The official
mapping of the designated riparian zone areas within East Brunswick
Township shall be on file in the Department of Planning and Engineering.
C.
The portion of the riparian zone that lies outside of a surface water
body is measured landward from the top of bank. 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:
1.
Along a linear fluvial or tidal water, such as a stream or swale,
the riparian zone is measured landward of the feature's centerline;
2.
Along a non linear fluvial water, such as a lake or pond, the riparian
zone is measured landward of the normal water surface limit;
3.
Along a non linear tidal water, such as a bay or inlet, the riparian
zone is measured landward of the mean high water line; and
4.
Along an amorphously shaped feature such as a wetland complex, through
which water flows but which lacks a definable channel, the riparian
zone is measured landward of the feature's centerline.
D.
A riparian zone is an overlay to the existing zoning district. The
provisions of the underlying district shall remain in full force except
where the provisions of the riparian zone 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:
Building permit
Bulk variance/use variance
Conditional Use
Subdivision/site plan approval
E.
Activity within the riparian zone shall be exempt from the riparian
zone protection requirements provided compliance with one of the following
is demonstrated:
1.
The proposed disturbance in a riparian zone is for a linear development
with no feasible alternative route;
2.
The proposed disturbance in a riparian zone is in accordance with
a stream corridor restoration or stream bank stabilization plan or
project approved by the New Jersey Department of Environmental Protection;
3.
The proposed disturbance of a riparian zone is 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;
4.
The proposed disturbance of a riparian zone is 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.;
5.
The proposed disturbance is for redevelopment that does not exceed
the limits of existing impervious surfaces;
A.
Property located within a designated riparian zone shall remain in
a natural condition or, if in a disturbed condition, including agricultural
activities, at the time of adoption of this ordinance 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.
B.
The following uses are permitted either by right or after review
and approval by the municipality in riparian zones. No new construction,
development, use, activity, encroachment, or structure shall take
place in a riparian zone, except as specifically authorized in this
Section. The following uses shall be permitted within a riparian zone:
1.
Open space uses that are primarily passive in character shall be
permitted by right to extend into a riparian zone, provided near stream
vegetation is preserved. 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 installed in compliance with applicable Township Code requirements;
3.
Crossings by farm vehicles and livestock, recreational trails, roads,
railroads, storm water 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, any applicable
State permits are acquired, and any disturbance is offset by buffer
improvements in compliance with a Riparian Zone Management Plan approved
by the Township Engineer 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 conform
to the guidelines of a Riparian Zone Management Plan approved by the
Township Engineer;
5.
Wetlands mitigation projects that have been approved by the New Jersey
Department of Environmental Protection, subject to compliance with
a Riparian Zone Management Plan approved by the Township Engineer.
The following conditions shall apply to land situated within
a designated riparian zone:
A.
All major and minor subdivisions and site plans shall be designed
to provide sufficient areas outside of the riparian zone to accommodate
principal structures, any normal accessory structures/uses appurtenant
thereto, as well as lawn areas.
B.
Portions of lots within the riparian zone shall be permanently restricted
by deed or conservation easement held by East Brunswick Township to
provide adequate protection to prevent adverse impacts within the
riparian zone. 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 Middlesex County Clerk or the registrar
of deeds and mortgages of Middlesex County must be submitted to the
municipality. 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 minimus changes
to accommodate necessary regulatory approvals upon the written consent
of the municipality, provided such changes are otherwise consistent
with the purpose and intent of the conservation restriction.
C.
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 for agricultural use. Said vegetation plan shall utilize
native and non-invasive tree and plant species to the maximum extent
practicable in accordance with an approved Riparian Zone Management
Plan.
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.J.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.
Structures and uses of land within the riparian zone which were
in existence prior to the effective date of these regulations are
subject to the following requirements:
A.
Legally existing but noncompliant structures or uses may be continued.
B.
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.
C.
Existing impervious cover shall not be increased within the riparian
zone as a result of encroachments where previous development or disturbances
have occurred.
A.
Any use or activity not specifically authorized by the Riparian Zone
Ordinance;
B.
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;
C.
Storage of any hazardous or noxious materials;
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 or driveways, except where permitted as permitted by this Ordinance;
F.
Motor or wheeled vehicle traffic in any area, except as permitted
by this Ordinance;
G.
Parking lots;
H.
New subsurface sewage disposal system areas. The expansion and replacement
of existing subsurface sewage disposal system areas for existing uses
is permitted;
I.
Residential grounds or lawns, except as otherwise permitted pursuant
to this Ordinance.
A.
A Riparian Zone Management Plan shall accompany all requests for
bulk variance relief from the provisions of the Riparian Zone Ordinance.
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.
B.
The applicant shall submit to the Approving Authority a Riparian
Zone Management Plan prepared by a Professional Engineer or Registered
Landscape Architect which fully evaluates the effects of any proposed
uses on the riparian zone. The Riparian Zone Management Plan shall
include data on the following:
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 on site with HUC (Hydrologic Unit Code)
14 designations;
8.
Slopes in each subdrainage area segmented into sections of slopes
less than 15%; above 15% but less than 20%; and steep slopes greater
than 20%.
9.
Description of all proposed uses/activities, and full evaluation
of the effects of all proposed uses/activities in the riparian zone;
10.
Management provisions in narrative and/or graphic form specifying:
(a)
The manner in which the area within the riparian zone will be
owned and by whom it will be managed and maintained.
(b)
The conservation and/or land management techniques and practices
that will be used to conserve and protect the riparian zone, as applicable.
(c)
The professional and personnel resources that are expected to
be necessary, in order to maintain and manage the riparian zone.
(d)
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, non invasive
species, and 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.
All other ordinances, parts of ordinances, or other local requirements
that are inconsistent or in conflict with this ordinance are hereby
superseded to the extent of any inconsistency or conflict, and the
provisions of this ordinance apply.
This Ordinance shall be so construed as not to conflict with
any provision of New Jersey or Federal law. Notwithstanding that any
provision of this Ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, all remaining provisions of
the Ordinance shall continue to be of full force and effect. The provisions
of this Ordinance shall be cumulative with, and not in substitution
for, all other applicable zoning, planning and land use regulations.
Editor's Note: The Zoning Map is included at the end of this chapter
