[Ord. No. 10-18 § III]
The purpose of this article is to designate riparian zones,
and to provide for land use regulation therein in order to protect
streams, lakes, and other surface water bodies of the Township of
Millstone 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 article does
not constitute compliance with the riparian zone or buffer requirements
imposed upon any other Federal, State or local statute, regulation
or ordinance.
a.
Notwithstanding
anything herein to the contrary, on nonresidential properties being
developed pursuant to a certain settlement agreement in the case of
"In the Matter of the Application of the Township of Millstone and
the Planning Board of the Township of Millstone, County of Monmouth,
Superior Court of New Jersey, Law Division, Monmouth County Docket
No. MONL- 2501-15" shall be exempt from § 35-17 and subject
to all applicable NJDEP rules and regulations.
[Added 3-18-2020 by Ord. No. 20-06]
[Ord. No. 10-18 § III]
Soils that contain geologic deposits of iron sulfide minerals
(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.
Information regarding the location of acid producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
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 article, 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 Surface
Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing
the antidegradation policies set forth in those standards, for protection
from measurable changes in water quality characteristic because of
their clarity, color scenic setting, and other characteristics of
aesthetic value, exceptional ecological significance, exceptional
recreational significance, exceptional water supply significance,
or exceptional fisheries resources.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting or removing of vegetation.
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 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.
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. 7:8-5.4(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 300-foot area provided on each side of a surface water
body designated as a C1 water or tributary to a C1 water that is a
perennial stream, intermittent stream, lake, pond, or reservoir, as
defined herein and shown on the USGS quadrangle map or in the County
Soil Surveys within the associated HUC 14 drainage, pursuant to the
Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
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.
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.
[Ord. No. 10-18 § III]
a.
Except as provided in §§ 35-17-1.4 and 35-17-1.5 below, riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and 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 of 50 feet wide
shall be maintained along both sides of the water.
b.
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, the riparian
zone is measured landward of the feature's center line;
2.
Along a nonlinear fluvial water, such as a lake or pond, the riparian
zone is measured landward of the normal water surface limit;
3.
Along a nonlinear 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 discernible channel, the riparian
zone is measured landward of the feature's center line.
c.
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 Township of Millstone 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 Municipal
Engineer, governing body, or its appointed representative, and, where
required by State regulation, the New Jersey Department of Environmental
Protection.
[Ord. No. 10-18 § III]
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 article 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 preexisting lot (existing as of the effective date
of this article-adopted July 7, 2010) 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 containing
variances from setback or other requirements that would allow conformance
with the riparian zone requirement; 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 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.
[Ord. No. 10-18 § III]
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 article are allowed:
a.
Redevelopment within the limits of existing impervious surfaces;
b.
Linear development with no feasible alternative routes;
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; 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., § 9601 et seq.
f.
Woodland preserves, excluding enclosed structures, implemented under
a management plan.
g.
Commercial farming practices and maintenance of, including but not
limited to crop rotation, irrigation, fields currently farmed with
tile drains, or any other farming best management practices consistent
with Millstone's Right-to-Farm Ordinance.
h.
Unpaved winding, pervious multi-use trails, provided there is no
motorized vehicle use.
i.
Structures necessary for drafting of water for firefighting purposes
by Millstone Fire Department or their designee (i.e. other fire department
by consent).
j.
Restoration or stabilization of riparian areas provided that where
disturbance is more than 1/4 acre, such activities are done under
a Stream Corridor Management Plan.
k.
Planting of indigenous riparian species described in New Jersey Stormwater Best Management Practices Manual, Chapter 7, published by the N.J. Department of Environmental Protection.
l.
Removal of invasive species identified as "Reported Invasive" in
New Jersey on the Plant Conservation Alliance-Alien Plant Working
Group's list of Invasive Plants.
[Ord. No. 10-18 § III]
a.
Any party aggrieved by the location of the riparian zone boundary
determination under this article may appeal to the Planning Board
under the provisions of this article. The party contesting the location
of the riparian zone boundary shall have the burden of proof in case
of any such appeal.
b.
Any party aggrieved by any determination or decision of the Planning
Board under this article may appeal to the Township Committee of the
Township of Millstone. The party contesting the determination or decision
shall have the burden of proof in case of any such appeal.
c.
Conflicts. All other ordinances, parts of ordinances or other local
requirements that are inconstant or in conflict with this article
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this article shall apply.
d.
Severability.
1.
Interpretation. This article shall be so construed as not to conflict
with any provision of New Jersey or Federal law.
2.
Notwithstanding that any provision of this article is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the Article shall continue to be in full
force and effect.
3.
The provisions of this article shall be cumulative with, and not
in substitution for all other applicable zoning, planning and land
use regulations.
[Ord. No. 10-18 § III]
A prompt investigation shall be made by the Code Enforcement
Officer of any person or entity believed to be in violation hereof.
If, upon inspection, a condition which is in violation of this article
is discovered, a civil action in the Special Part of the Superior
Court, or in the Superior Court, if the primary relief sought is injunctive
or if penalties may exceed the jurisdictional limit of the Special
Civil Part, by the filing and serving of appropriate process. Nothing
in this article shall be construed to preclude the right of the Township
of Millstone, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings
hereunder in Municipal Court. The violation of any section or subsection
of this article shall constitute a separate and distinct offense independent
of the violation of any other section or subsection, or of any order
issued pursuant to this article. Each day a violation continues shall
be considered a separate offense.
In addition to the foregoing, the Code Enforcement Officer is
hereby authorized to issue one or more summonses for any violations
of this article. Each day a violation continues shall be considered
a separate offence.
