All development within the Village of Ridgewood shall be designed to prevent any adverse impact to the man-made or natural environments, and if prevention is not reasonably possible, development shall be designed to mitigate such impacts. The development of lands having environmental constraints is permitted as regulated herein; however, development of environmentally 'constrained' land is not to be encouraged but is permitted if each application for development complies with the following standards, notwithstanding any other requirement of this chapter.
A. Stormwater runoff.
(1) All development shall comply with the applicable requirements of § 190-83.
(2) For those developments that do not require site plan or subdivision approval, a permit shall be required for any development or work involving a new building, an addition to an existing building, swimming pools or any other site improvements resulting in an increase of at least two hundred (200) square feet of impervious surface area per lot. The following shall apply:
(a) The applicant shall be required to submit a site grading and stormwater control plan to the Village of Ridgewood Department of Public Works, Engineering Division, with the application form available from the Engineering Division.
(b) The information required by § 190-67N shall be provided on the plan.
(c) The plan submitted for the permit shall be prepared by a licensed New Jersey Professional Engineer, with appropriate signature and seal; provided, however, that the Village Engineer may waive this requirement if in his/her judgment the services of a professional engineer are unnecessary to adequately address the drainage impacts from the development.
**Webmasters Note: The previous subsection, A., has been amended as per Ordinance No. 3035.
B. Soil erosion and sedimentation control. All developments in all zones shall protect streams, lakes and ponds from sedimentation damage and shall prepare a Soil Erosion and Sediment Control Plan if required by N.J.S.A. 4:24-39 et seq.
C. Flood Hazard Areas. There is hereby created within the Village, Special Flood Hazard Areas, as identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Bergen County, New Jersey" revised and to be effective September 30, 2005, with accompanying Flood Insurance Rate Maps. Said maps are hereby adopted by reference and declared to be part of this chapter. Said maps are available in the Village offices. The Flood Insurance Study is on file with the Director of the Department of Public Works. The following provisions shall apply to such areas:
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2945.
(1) The uses permitted within any flood hazard area are those uses permitted and regulated by this Article of the zone district in which the area may be located, as such zone districts are set forth and delineated on the Zone Map.
(2) No part of the floodway, as indicated by the Flood Insurance Rate Maps, shall be located within the usable area of the lot, as defined by this chapter.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2744.
(3) The required minimum lot area shall be increased above that which would otherwise be required for the use in the respective zone district by 50% of the area of the special flood hazard area located within the usable area of the lot, as defined by this chapter.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2744.
D. Wetlands. No more than 10% of the usable area of a lot, as defined by this chapter, shall be occupied by wetlands or wetland transition areas, as such wetlands or transition areas are indicated by a Letter of Interpretation or presence/absence letter from the New Jersey Department of Environmental Protection and as adjusted through the grant of various permits and approvals by said department.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2744.
E. Steep slopes. The purpose of this subsection is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the natural topography and drainage patterns of land. Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. The following requirements shall apply:
(1) Disturbance of steep slopes prohibited. In accordance with the State of New Jersey's Water Quality Management Planning Rules at N.J.A.C. 7:15, no disturbance of steep slopes shall be permitted, except as permitted herein. The following provisions shall apply:
(a) Definitions. For the purposes of interpreting and administering the disturbance restrictions in this subsection E, the following definitions shall apply:
DISTURBANCE - the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
IMPERVIOUS SURFACE - any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
REDEVELOPMENT - the construction of structures or improvements on areas which previously contained structures or other improvements.
STEEP SLOPES - any slope equal to or greater than 20 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. The percent of slope (rise in feet per horizontal distance in feet) shall be established by measurement of distance perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour interval. For example, any location on the site where there is a one-foot rise over a 10-foot horizontal run constitutes a 10 percent slope; a 1.5 foot rise over a 10-foot horizontal run constitutes a 15 percent slope; a two foot rise over a 10-foot horizontal run constitutes a 20 percent slope.
(b) Exceptions. The disturbance of steep slopes shall only be permitted for the following activities. Determination of the following exceptions shall be made by the reviewing agency, with the applicant having the burden of proof
[1] Redevelopment within the limits of impervious surfaces existing on the effective date of Ordinance(amending this Subsection E);
[2] New disturbance necessary to protect the public health, safety or welfare, such as but not limited to necessary linear development for access or utilities when no feasible alternative exists to such disturbance;
[3] New disturbance necessary to provide an environmental benefit, such as but not limited to remediation of a contaminated site;
[4] New disturbance necessary to prevent extraordinary hardship on the property owner peculiar to the property; or
[5] New disturbance necessary to prevent extraordinary hardship, provided the hardship was not created by the property owner. For purposes of interpreting and administering this provision, "extraordinary hardship" shall be construed to mean that the steep slope disturbance is necessary to provide a minimal economically viable use of the property based upon reasonable investment.
(2) Usable area limitations. The amount of steep slopes located within the usable area of a lot, as defined by this chapter, shall be limited as follows:
(a) No more than 50% of the usable area of a lot, as defined by this chapter, shall have 10% slopes or greater.
(b) No more than 35% of the usable area of a lot, as defined by this chapter, shall have 15% slopes or greater.
(c) No more than 20% of the usable area of a lot, as defined by this chapter, shall have 25% slopes or greater.
**Webmasters Note: The previous subsection, E., has been amended as per Ordinance No. 3225.
F. Ground water protection.
(1) No building or structure shall be erected in any zone district of the Village within fifty (50) feet of any well, infiltration gallery, spring or similar source of groundwater now or hereafter developed for a public water supply system, as such system is defined by this chapter.
(2) No sewer or line carrying sanitary or 'industrial wastes located within one hundred (100) feet of any well, infiltration gallery, spring or similar source of groundwater now or hereafter developed for a public water supply system may be installed in any zone district of the Village unless the same shall be of steel, reinforced concrete, cast iron or other suitable material, properly protected and of completely watertight construction and otherwise constructed in accordance with Rules and Regulations for the Preparation and Submission of Plans for Public Water Supply Systems and Water Treatment Plants, now or hereafter issued by the State Department of Health.
(3) No manholes or connections on a sanitary sewer system shall be permitted within one hundred (100) feet of any well now or hereafter developed for a public water supply system in any zone district of the Village.
G. Performance standards. The following conditions and requirements shall be complied with:
(1) All activities shall be carried on only in structures which conform to the minimum safety standards of the National Board of Fire Underwriters or the Village building code or fire ordinance governing the permitted use, whichever may be more restrictive. All operations shall be carried on and explosive materials, fuels, liquids and finished products shall be stored in accordance with the standards of the National Board of Fire Underwriters.
(2) Any use permitted by this Article shall only be permitted if it shall comply with all applicable federal and State safety laws, rules and regulations.
(3) No uses permitted by this Article shall result in the dissemination of smoke, fumes, gas, dust, odors or any other atmospheric pollutant beyond the boundary lines of the lot occupied by such use.
(4) There shall be no vibration beyond the boundary lines of the lot on which is conducted any use permitted by this Article.
(5) Noise. All uses shall comply with the applicable provisions of the State of New Jersey's Noise Control Regulations at N.J.A.C. 7:29.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 3225.
(6) Anything in this article to the contrary not withstanding, no use shall be permitted which shall discharge an industrial waste into any municipal sanitary sewer system without written approval of the Department of Public Works, and no such waste shall be treated on any premises.
H. Riparian zones. In accordance with the State of New Jersey's Water Quality Management Planning Rules at N.J.A.C. 7:15, this subsection designates riparian zones and regulates land use and development within such zones. The following provisions shall apply:
(1) Purposes. The specific purposes and intent of this Subsection are to:
(a) Restore and maintain the chemical, physical, and biological integrity of the water resources of the Village of Ridgewood;
(b) 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 flow prior to reaching receiving waters;
(c) 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;
(d) Provide for the availability of natural organic matter (leaves and twigs) and large woody debris (trees and limbs) that provide food and habitat for aquatic organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;
(e) 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;
(f) Maintain base flows in streams and moisture in wetlands;
(g) Control downstream flooding; and
(h) Conserve the natural features important to land and water resources, e.g., headwater areas, ground water recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.
(2) Definitions. For the purposes of interpreting and administering the riparian zone provisions in this subsection H, the following definitions shall apply:
ACID PRODUCING SOILS - 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.
CATEGORY ONE WATER(S) - Waters designated as "C1 waters" in the Surface Water Quality Standards, N.J.A.C. 7:9B.
DISTURBANCE - the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
HUC 14 WATERSHED - An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE - Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
REDEVELOPMENT - The construction of structures or improvements on areas which previously contained structures or other improvements.
RIPARIAN ZONE - The land and vegetation within and directly adjacent to all surface waters 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 the New Jersey Department of Environmental Protection's GIS hydrography coverages.
STEEP SLOPES - any slope equal to or greater than 20 percent as measured over any minimum run of 10 feet.
THREATENED OR ENDANGERED SPECIES - Species designated as "threatened" or "endangered" on the list defining the status of indigenous nongame wildlife species of New Jersey, promulgated pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., at N.J.A.C. 7:25 4.17. "Endangered species" also include any species or subspecies of wildlife appearing on any Federal endangered species list pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.
TROUT MAINTENANCE WATER - 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.
TROUT PRODUCTION WATER - 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.
(3) Delineation of riparian buffer zones. The riparian zones and their widths within the Village of Ridgewood shall be as follows:
(a) The riparian zone is 300 feet wide along both sides of any Category One water, and all upstream tributaries situated within the same HUC 14 watershed;
(b) The riparian zone is 150 feet wide along both sides of the following waters not identified in (3)(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; and
(c) The riparian zone is 50 feet wide along both sides of all waters not subject to (3)(a) or (b) above.
(d) The portion of the riparian zone that lies outside of a surface water is measured landward from the top of bank. If a discernible bank is not present along a surface water, the portion of the riparian zone outside the surface water is measured landward as follows:
[1] Along a linear fluvial water, such as a stream or swale, the riparian zone is measured landward of the feature's centerline;
[2] Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;
[3] Along an amorphously-shaped feature, such as a wetland complex, through which a water flows but which lacks a definable channel, the riparian zone is measured landward of the feature's centerline.
(e) For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the State's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in Paragraphs (3)(a) or (b) above, whichever area has the greatest extent.
(f) The applicant shall be responsible for the initial determination of the presence and extent of a riparian zone on a site, and for identifying the area on any plan submitted to the Village of Ridgewood_ The applicant's initial determination shall be subject to review and approval by the Village Engineer, Construction Official, Planning Board, Board of Adjustment or Village Council, as applicable, or their appointed representatives, and, where required, by the New Jersey Department of Environmental Protection.
(4) Applicability. A riparian zone 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 riparian zone 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 a construction permit, zoning permit, soil movement permit, retaining wall permit, site plan, subdivision or variance or to any disturbance within or adjacent to a riparian zone. Compliance with the requirements of this Subsection shall not relieve any person from the requirement to obtain any and all other approvals that may be required from other governmental agencies, including but not limited to the Department of Environmental Protection.
(5) Regulated activities. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone and riparian zones shall be protected from avoidable disturbance, except as otherwise permitted below or as may be excepted in Paragraph (6) below., except as specifically authorized in this Section.
(a) Uses permitted in riparian zones. Riparian zone areas shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of these riparian zone regulations may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the Village and/or other governmental entities in riparian zones, as set forth elsewhere in this chapter or as otherwise required by law:
[1] Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided near stream vegetation is preserved. Such uses include wildlife sanctuaries, nature preserves, forest preserves and similar uses operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trail have been stabilized with pervious materials.
[2] Fences, for which a permit has been issued by the Construction Code Official, to the extent required by applicable law, rule or regulation.
[3] Crossings by recreational trails, roads, railroads, storm water lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the Zoning Officer, Planning Board or Board of Adjustment, as applicable, Village Council and/or other governmental agency having jurisdiction, provided that any applicable State permits are acquired, and provided that the area of the crossing is stabilized against significant erosion due to its use as a crossing.
[4] Stream bank stabilization or riparian reforestation or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection.
(b) Performance standards for riparian zones. The following conditions shall apply:
[1] All development shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.
[2] All stormwater shall be discharged outside of but may flow through a riparian zone and shall comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey", established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3.) If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability, then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.
[3] When disturbance is permitted within a riparian zone, such disturbance shall be restored with the planting of vegetation. The restoration plantings shall be comprised of native and non-invasive tree and plant species to the maximum extent practicable.
(c) Nonconforming structures and uses in riparian zones. Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:
[1] Legally existing nonconforming structures or uses may be continued, unless such uses or structures have been abandoned.
[2] Encroachment within the riparian zone shall only be allowed where previous development or disturbance has occurred and shall be in conformance with the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
[3] Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where previous development or disturbances have occurred.
(d) Uses prohibited in riparian zones. Any use or activity not specifically authorized by this Subsection H shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:
[1] Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.
[2] Storage of any hazardous or noxious materials.
[3] Use of fertilizers, pesticides, herbicides, and/or other chemicals not in compliance with Chapter 187 of the Village Code, in excess of prescribed industry standards or contrary to the recommendations of the Soil Conservation District.
[4] Roads or driveways, except where permitted in compliance with this Subsection H.
[5] Motor or wheeled vehicle traffic in any area, except as permitted by this Subsection H.
[6] Parking lots.
[7] Any type of permanent structure, except structures needed for a use permitted by this Subsection H.
[8] New subsurface sewage disposal system areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.
[9] Residential grounds or lawns, except as otherwise permitted pursuant to this Subsection H.
(6) Exceptions. The disturbance of riparian buffer zones shall only be permitted for the following activities. Determination of the following exceptions shall be made by the reviewing agency, with the applicant having the burden of proof.
(a) Redevelopment within the limits of impervious surfaces existing on the effective date of Ordinance(adopting this Subsection H);
(b) New disturbance necessary to protect the public health, safety or welfare, such as but not limited to necessary linear development for access or utilities when no feasible alternative exists to such disturbance;
(c) New disturbance necessary to provide an environmental benefit, such as but not limited to remediation of a contaminated site;
(d) New disturbance necessary to prevent extraordinary hardship on the property owner peculiar to the property; or
(e) New disturbance necessary to prevent extraordinary hardship, provided the hardship was not created by the property owner. For purposes of interpreting and administering this provision, "extraordinary hardship" shall be construed to mean that the steep slope disturbance is necessary to provide a minimal economically viable use of the property based upon reasonable investment.
**Webmasters Note: The previous subsection, H., has been amended as per Ordinance No. 3225.
