Milltown City Zoning Code
§ 34-35.3
Establishment and Protection of Riparian Buffer Areas.
[Ord. No. 13-1387]
a.
Except as provided in subsections 34-35.4 and 34-35.5 below, riparian buffer areas adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
1.
The riparian buffer area 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 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. According to available information from the New Jersey Department of Environmental Protection ("NJDEP"), potentially acid producing soils that exist in Milltown are of the Kr-Raritan formation, and are generally located within the easterly and southerly area of the Borough. A formal determination regarding the presence of such soils shall be based upon field sampling and investigations, laboratory test results, a signed and sealed certification as to the presence or absence of acid producing soils prepared by a Licensed Professional Engineer of the State of New Jersey, and any other data deemed necessary by the Borough, all of which shall be furnished by the Applicant at the time of riparian buffer area boundary determination pursuant to subsection 34-35.3.
2.
For all other surface water bodies, a riparian buffer area 50 feet wide shall be maintained along both sides of the water.
b.
The delineation of a riparian buffer area as described above shall be based on NJDEP geographic information system digital data or on more refined field data found acceptable to the Borough Engineer or Zoning Officer. The boundaries of the riparian buffer area shall be based on land surveys, field sampling and investigations, laboratory test results, a signed and sealed certification as to the presence or absence of acid producing soils prepared by a licensed professional engineer of the State of New Jersey, and any other data deemed necessary by the Borough Engineer or Zoning Officer, or required by State regulations or the NJDEP, all of which shall be furnished by the applicant prior to any activity or disturbance in any area affected by these regulations.
c.
The portion of the riparian buffer area that lies outside of a surface water body shall be measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian buffer area outside the surface water body shall be measured landward as follows:
1.
Along a linear fluvial or tidal water, such as a stream or swale, the riparian buffer area shall be measured landward of the feature's centerline;
2.
Along a non-linear fluvial water, such as a lake or pond, the riparian buffer area shall be measured landward of the normal water surface limit;
3.
Along a non-linear tidal water, such as a bay or inlet, the riparian buffer area shall be 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 buffer area shall be measured landward of the feature's centerline.
d.
The riparian buffer area regulations set forth in this section shall function as an additional layer of regulatory review and development restriction where the conditions in subsection 34-35.3a above apply. The zoning restrictions applicable to a given area shall remain in full force except where the provisions of these riparian buffer area regulations differ from the zoning restrictions; in which case, the provision that is more restrictive shall govern.
e.
The applicant or applicant's designated representative shall be responsible for the initial determination of the presence of riparian buffer area conditions on a site and for identifying the riparian buffer area on any plan submitted to the Borough in conjunction with an application for a construction permit, subdivision approval, site plan/land development approval, bulk or use variance approval, and/or any other approval for an activity or improvement involving land disturbance. This initial determination shall be subject to review and approval by the Borough Zoning Officer and/or Borough Engineer, as appropriate, and, where required by State regulations, the NJDEP.