The purpose of this chapter is to designate riparian zones,
and to provide for land use regulation therein in order to protect
the streams, lakes, and other surface water bodies of within the City
of Perth Amboy and to comply with N.J.A.C. 7:15-5.25(g)3, which requires
municipalities to adopt an ordinance that prevents new disturbance
for projects or activities in riparian zones as described herein.
Compliance with the riparian zone requirements of this chapter does
not constitute compliance with the riparian zone or buffer requirements
imposed under any other federal, state or local statute, regulations
or ordinance.
The definitions of the words and/or terms utilized in this chapter
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 chapter and as they may be
amended over time.
To the extent allowed by the Stormwater Management Rules (N.J.A.C.
7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and
the Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38),
new disturbances for projects or activities in the riparian zone established
by this chapter may be allowed through the Zoning Board of Adjustment
review and approval of a variance, provided the disturbance is proposed
to be located on a pre-existing lot (existing as of the effective
date of this chapter) when there is insufficient room outside the
riparian zone for the proposed use otherwise permitted by the underlying
zoning; 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; and upon proof by virtue of submission of appropriate
maps, drawings, reports and testimony, that the disturbance is:
A. Necessary to protect public health, safety or welfare;
B. To provide an environmental benefit;
C. To prevent extraordinary hardship on the property owner peculiar
to the property; or
D. To prevent extraordinary hardship, provided the hardship was not
created by the property owner, by not allowing a minimum economically
viable use of the property based upon reasonable investment.
To the extent allowed under the Stormwater Management Rules
(N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C.
7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38) 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 chapter are allowed:
A. Redevelopment 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,
7:7E; or
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. Sections 9601 et seq.
This chapter shall take effect upon passage, publication and
approval according to law.