Stafford Township, NJ Zoning Ordinance

[Added 7-1-2008 by Ord. No. 2008-57]

Intent and purpose. The governing body of Stafford 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 the jurisdiction of Stafford, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this section is to designate Riparian Buffer Conservation Zones and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of Stafford; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within Stafford; to protect the riparian and aquatic ecosystems of Stafford; to provide for the environmentally sound use of the land resources of Stafford, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives. The specific purposes and intent of this section are to:

(1)

Restore and maintain the chemical, physical, and biological integrity of the water resources of Stafford;

(2)

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 sheet flow prior to reaching receiving waters;

(3)

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;

(4)

Provide for the availability of natural organic matter (fallen leaves and twigs) and large woody debris (fallen trees and limbs) that provide food and habital for small bottom-dwelling organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;

(5)

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;

(6)

Maintain base flows in streams and moisture in wetlands;

(7)

Control downstream flooding; and

(8)

Conserve the natural features important to land and water resources, e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.

Statutory authority. The municipality of Stafford 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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACTIVITY

Any land disturbance, including any development for which an application for development is necessary.

CATEGORY ONE (C1) WATERS

The meaning ascribed to this term by the Surface Water Quality Standards at N.J.A.C. 7:9B-1.15, which waters have been identified for protection from degradation in water quality characteristics 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.

CATEGORY TWO WATERS

Those waters not designated as "outstanding natural resource waters" or Category One in the Surface Water Quality Standards at N.J.A.C. 7:9B-1.15 for purposes of implementing the antidegradation policies set forth at N.J.A.C. 7:9B-1.5(d).

FLOODWAY

The meaning ascribed to this term by the Flood Hazard Area Control Act 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.

HYDROLOGIC UNIT CODE (HUC 14)

An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

INTERMITTENT STREAM

Surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. Streams shown as a dashed line on either the USGS Topographic Quadrangle Maps or the USDA County Soil Survey Maps of the most recent edition that includes hydrography are included as intermittent streams.

LAKE, POND, OR RESERVOIR

Any impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water, excluding sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.

LAND-DISTURBING ACTIVITY

Any grading, scraping, excavating or filling of land, clearing of vegetation, and any other construction or addition to the footprint of a structure.

PERENNIAL STREAM

A stream that flows continuously throughout the year in most years.

RIPARIAN BUFFER CONSERVATION ZONE (RBCZ)

An area of land or water within or adjacent to a surface water body within the municipality.

STREAM (WATERWAY)

Any perennial stream or river that is portrayed as a solid line on a U.S. Department of Agriculture Soil Survey Map of the most recent edition, and any intermittent stream or river that is portrayed as a dashed line on a U.S. Department of Agriculture Soil Survey Map of the most recent edition; any lake or impoundment that does not lie entirely within a single parcel of land. For the purposes of this section, the buffer does not apply to man-made stormwater management facilities, farm ponds, foundations and/or ornamental ponds.

SURFACE WATER BODY

Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any state open waters identified in a letter of interpretation issued by the New Jersey Department of Environmental Protection Land Use Regulation Program shall also be considered surface water bodies.

TOP OF BANK

The upper ridgeline of the confining channel.

Applicability.

(1)

For all major subdivisions, minor subdivisions and site plans that are located within regulated water bodies and their associated riparian buffer conservation zones.

(2)

The Flood Hazard Area Control Act, N.J.A.C. 7:13 et seq., requirements and provisions limit the type of disturbance and activities within all surface waters and their associated buffers.

(3)

The provisions of this section shall not apply within any portion of the Township within the Pinelands Area. All development occurring within the Pinelands Area shall be governed by the provisions of the Pinelands Comprehensive Management Plan; the provisions of § 211-9; and such other sections of Code of the Township of Stafford as are applicable thereto.

[Amended 7-13-2010 by Ord. No. 2010-20]

Establishment of Riparian Buffer Conservation Zones.

(1)

Riparian Buffer Conservation Zones (RBCZs) shall be delineated as follows:

(a)

In the case of Category One (C1) waters and perennial or intermittent streams that drain into or upstream of the C1 waters within the associated HUC 14 drainage, the RBCZ shall extend 300 feet.

(b)

For areas adjacent to surface water bodies designated Category Two Waters for Trout Production (FW2-TP), the RBCZ shall be measured from the defined edge of the intermittent or perennial stream, or center line if the bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level, and shall extend 150 feet horizontally outward from the perpendicular. Where steep slopes (in excess of 10%) are located within the designated widths, the RBCZ shall be extended to include the entire distance of this sloped area.

(c)

For areas with threatened and endangered species habitat, trout resources and acid soil waters and the land one mile upstream from such areas, the buffer shall extend 150 feet. For areas adjacent to other surface water bodies, the RBCZ shall be measured from the top of bank of an intermittent or perennial stream, or center line if bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level, and shall extend 50 feet horizontally outward from the perpendicular. Where steep slopes (in excess of 15%) are located within the designated widths, the RBCZ shall be extended to include the entire distance of this sloped area to a maximum of 300 feet.

(d)

For areas adjacent to surface water bodies for which the floodway has been delineated, the RBCZ shall cover the entire floodway area, or the area described in Subsection E(1)(a) or E(1)(b), whichever area has the greatest extent. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site-specific information is available.

(2)

An RBCZ is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the RBCZ 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:

(a)

Building permit;

(b)

Zoning variance and/or zoning permit;

(c)

Special exception;

(d)

Conditional use; or

(e)

Subdivision/land development approval.

(3)

The applicant or designated representative shall be responsible for the initial determination of the presence of an RBCZ on a site and for identifying the area on any plan submitted to Stafford 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.

Uses permitted and performance standards for Riparian Buffer Conservation Zones.

(1)

Permitted uses are governed and shall comply with N.J.A.C. 7:8-5.5(h) and 7:13-10.2, unless otherwise exempt.

(2)

All encroachments proposed within RBCZs and other waters shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and N.J.A.C. 7:13-10.2 and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.

Activities regulated by Flood Hazard Area Control Act.[2]

(1)

Any action that includes or results in one or more of the following constitutes a regulated activity if undertaken in a regulated area, as described at N.J.A.C. 7:13-2.3:

(a)

The alteration of topography through excavation, grading and/or placement of fill;

(b)

The clearing, cutting and/or removal of vegetation in a riparian zone;

(c)

The creation of impervious surface;

(d)

The storage of unsecured material;

(e)

The construction, reconstruction and/or enlargement of a structure; and

(f)

The conversion of a building into a private residence or a public building.

(2)

The landowner or applicant shall engage in a regulated activity in a regulated area without a flood hazard area permit as required by N.J.A.C. 7:13.

[2]

Editor's Note: See N.J.S.A. 58:16A-50 et seq.

Nonconforming structures and uses in Riparian Buffer Conservation Zones. Nonconforming structures and uses of land within the RBCZ are subject to the following requirements:

(1)

Legally existing but nonconforming structures or uses may be continued.

(2)

Any proposed enlargement or expansion of the building footprint within an RBCZ shall comply with the standards in N.J.A.C. 7:8-5.5(h) and 7:13-10.2.

Submission requirements. Any application subject to the requirements of this section must submit an environmental impact statement.

Boundary interpretation, appeals procedures, inspections. The Township of Stafford has no jurisdiction to dispute the boundaries of an RBCZ. Any boundary interpretation or appeal must be subject to approval by NJDEP.

Enforcement. A prompt investigation shall be made by Stafford of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section 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 section shall be construed to preclude the right of Stafford, 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 section 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 section. Each day a violation continues shall be considered a separate offense.

[1]

Editor's Note: Former § 211-13, Special Business Zone (SB), as amended, was repealed 3-4-1997 by Ord. No. 97-15.

Stafford Township City Zoning Code

§ 211-13