Midland Park City Zoning Code
§ 34-15A.3
Riparian Zone Protection.
[6-10-2021 by Ord. No. 08-21]
a.
Riparian zones adjacent to all surface water bodies as described below in this subsection shall be protected from avoidable disturbance:
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 identified in Subsection a above:
(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 regulated water 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.
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 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 water limit; and
3.
Along an amorphously shaped feature such as a wetland complex, through 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 on any plan submitted to Midland Park 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 the New Jersey Department of Environmental Protection.