[Added 9-21-2005 by Ord. No. 21-05]
A.
Intent and purpose. The governing body of the Township
of Morris finds that riparian lands adjacent to streams, lakes or
other surface water bodies that are appropriately vegetated provide
important environmental protection and resource management benefits.
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 the Township of Morris, 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 the Township
of Morris; to protect the water quality of watercourses, reservoirs,
lakes, and other significant water resources within the Township of
Morris; to protect the riparian and aquatic ecosystems of Township
of Morris; and to provide for the environmentally sound use of the
land resources of the Township of Morris. 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 the Township of Morris;
(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 dentrification, 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 natural organic matter (fallen leaves
and twigs) and large woody debris (fallen trees and limbs) that provide
food and habitat 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.
B.
Statutory authority. The municipality of the Township
of Morris 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. The Township of Morris
is also empowered to adopt and implement this section under provisions
provided by the following legislative authorities of the State of
New Jersey:
(1)
Water Pollution Control Act, N.J.S.A. 58:10A-1 et
seq.
(2)
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
(3)
Spill Compensation and Control Act, N.J.S.A. 58:10-23.11
et seq.
(4)
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq.
(5)
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50
et seq.
C.
ADMINISTRATIVE AUTHORITY
APPLICANT
CATEGORY ONE (C1) WATERS
FLOODWAY
INTERMITTENT STREAM
LAKE, POND or RESERVOIR
PERENNIAL STREAM
RIPARIAN BUFFER CONSERVATION ZONE (RBCZ)
RIPARIAN BUFFER CONSERVATION ZONE MANAGEMENT PLAN
SURFACE WATER BODY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The Planning Board or Board of Adjustment or Construction
Official with all of the powers delegated, assigned or assumed by
them according to statute or ordinance.[1]
A person applying to the Planning Board or Board of Adjustment
or the Construction Official proposing to engage in an activity that
is regulated by the provisions of this section and that would be located
within a regulated riparian buffer conservation zone.[2]
Those waters, designated in the Surface Water Quality Standards
at N.J.A.C. 7:9B-1.15, which 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.
Shall have the meaning ascribed to this term by the Flood
Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.) 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.
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.
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.
A stream that flows continuously throughout the year in most
years. These streams appear as a blue line on USGS topographic quadrangle
maps or on USDA County Soil Survey Maps.
An area of land or water within or adjacent to a surface water body within the municipality and designated on the riparian buffer conservation zone Map promulgated by the Township of Morris in accordance with Subsection D of this section.
A plan approved by the Engineer of the Township of Morris.
The plan shall be prepared by a landscape architect, professional
engineer or other qualified professional and shall fully evaluate
the effects of any proposed activity/uses on any RBCZ. The plan shall
identify existing conditions, all proposed activities and all proposed
management techniques, including any measures necessary to offset
disturbances to any affected RBCZ.
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.
D.
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, the
RBCZ shall equal the special water resource protection area and shall
be measured as defined at N.J.A.C. 7:8-5.5(h). Special water resource
protection areas are established along all waters designated as C1
at N.J.A.C. 7.9B and perennial or intermittent streams that drain
into or upstream of the C1 waters as shown on the USGS quadrangle
map or in the county soil surveys within the associated HUC-14 drainage.
(b)
For areas that are not special water
resource protection areas, the RBCZ shall be measured from the top
of bank of an intermittent or perennial stream, or center line if
bank is not defined, or 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 10%) are located within the designated
widths, the RBCZ shall be extended to include the entire distance
of this sloped area.
[Amended 10-23-2019 by Ord. No. 25-19]
(c)
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 D(1)(a) or (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 which is more
restrictive and less permissive to a landowner or applicant shall
apply. These provisions are intended to modify the type of land use,
siting of structures, and engineering of all proposed development
on parcels located within the RBCZ. 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:
(3)
A map of the RBCZs of the entire municipality of the
Township of Morris, including all land and water areas within the
boundaries, which designates surface water bodies, is included as
part of this section, and is appended here.[3] Maps of the municipality on which these designations have
been overlain shall be on file and maintained by the office of the
Clerk of the Township of Morris. This map conforms to all applicable
laws, rules and regulations applicable to the creation, modification
and promulgation of zoning maps.
[3]
Editor's Note: Said map is on file in the
Township offices.
(4)
It shall be the duty of the Engineer of the Township of Morris, every second year after the adoption of this section, to propose modifications to the map delineating riparian buffer conservation zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the RBCZ map and to record all modifications to the RBCZ map required by decisions or appeals under Subsection K and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations. 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 Department for consideration if site-specific information is available.
(5)
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 the
Township of Morris 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.
(6)
The municipal Master Plan provides the legal basis
for zoning and land use regulation at the local level. The technical
foundation for local RBCZs in this municipality should be incorporated
into the Master Plan. A technical report on the need for riparian
buffer conservation zones in the Township of Morris may be adopted
as part of the Master Plan [N.J.S.A. 40:55D-28b(11)]. The technical
report should include the following information:
E.
Uses permitted in riparian buffer conservation zones.
(1)
For Category One (C1) RBCZs, permitted uses are governed
by N.J.A.C. 7:8-5.5(h), unless otherwise exempt.
(2)
Any other RBCZ area shall remain in a natural condition
or, if in a disturbed condition, including agricultural activities,
at the time of adoption of this section, 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, 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 municipality in RBCZs. No new construction, development, use,
activity, encroachment, or structure shall take place in an RBCZ,
except as specifically authorized in this section. The following uses
shall be permitted within an RBCZ:[4]
(a)
Open space uses that are primarily passive in
character shall be permitted by right to extend into an RBCZ, provided
near stream vegetation is preserved. These uses do not require approval
by the Zoning Officer or compliance with an approved RBCZ management
plan. Such uses include wildlife sanctuaries, nature preserves, forest
preserves, fishing areas, game farms, fish hatcheries and fishing
reserves, operated for the protection and propagation of wildlife,
but excluding structures, and passive recreation areas of public and
private parklands, including unpaved hiking, bicycle and bridle trails,
provided that said trails have been stabilized with pervious materials.
(b)
Fences, for which a permit has been issued by
the Construction Official, to the extent required by applicable law,
rule or regulation, are permitted.
(c)
Crossings by farm vehicles and livestock, recreational
trails, roads, railroads, stormwater lines, sanitary sewer lines,
waterlines and public utility transmission lines, provided that the
land disturbance is the minimum required to accomplish the permitted
use, shall be permitted, subject to approval by the Zoning Officer,
provided that any applicable state permits are acquired, and provided
that any disturbance is offset by buffer improvements in compliance
with an approved RBCZ management plan.
(d)
Stream bank stabilization or riparian reforestation
which conforms to the guidelines of an approved RBCZ management plan
or wetlands migration projects that have been approved by the Department
of Environmental Protection are permitted to extend into an RBCZ,
subject to approval by the Zoning Officer and subject to compliance
with an approved RBCZ management plan.
F.
Performance standards for riparian buffer conservation
zones.
(1)
All encroachments proposed into Category One (C1)
RBCZs shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and
shall be subject to review and approval by the New Jersey Department
of Environmental Protection.
(2)
For all other RBCZs, the following conditions shall
apply:
(a)
All new major and minor subdivisions and site
plans shall be designed to provide sufficient areas outside of the
RBCZ to accommodate primary structures, any normal accessory uses
appurtenant thereto, as well as all planned lawn areas.
(b)
Portions of lots within the RBCZ must be permanently
restricted by deed or conservation easement held by the Township of
Morris to prevent clearing of vegetation within the RBCZ. A complete
copy of the recorded conservation restriction that clearly identifies
the deed book and pages where it has been recorded in the office of
the clerk of the applicable county or the registrar of deeds and mortgages
of the applicable county must be submitted to the municipality. The
applicant shall not commence with the project or activity prior to
making this submittal and receiving actual approval of the plan modification
and receipt of any applicable permits from the Department of Environmental
Protection. The recorded conservation restriction shall be in the
form approved by the municipality and shall run with the land and
be binding upon the property owner and the successors in interest
in the property or in any part thereof. The conservation restriction
may include language reserving the right to make de minimus changes
to accommodate necessary regulatory approvals upon the written consent
of the municipality, provided that such changes are otherwise consistent
with this section. The recorded conservation restriction shall, at
a minimum, include:
[1]
A written narrative of the authorized regulated
activity, date of issuance, and date of expiration, and the conservation
restriction that, in addition, includes all of the prohibitions set
forth at N.J.S.A. 13:8B-2b(1) through (7);
[2]
Survey plans for the property as a whole and,
where applicable, for any additional properties subject to the conservation
restrictions. Such survey plans shall be submitted on the surveyor's
letterhead, signed and sealed by the surveyor, and shall include metes
and bounds descriptions of the property, the site, and the areas subject
to the conservation restriction in New Jersey State Plane Coordinates,
North American Datum 1983, and shall depict the boundaries of the
site and all areas subject to the conservation restriction as marked
with flags or stakes on site. All such survey plans shall be submitted
on paper and in digital CAD or GIS file in a media and format defined
by the municipality. The flags or stakes shall be numbered and identified
on the survey plan; and
[3]
A copy or copies of deeds for the property as
a whole that indicate the deed book and pages where it has been recorded
in the office of the clerk of the applicable county or the registrar
of deeds and mortgages of the applicable county.
(c)
Any lands proposed for development which includes all or a portion of an RBCZ shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the RBCZ which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native tree and plant species in accordance with an approved riparian buffer conservation zone management plan, described in Subsection J.
(d)
Minimum front, side, and rear setbacks required
for building lots which exist as of the date of adoption of this section
but have not obtained a building permit may extend into the RBCZ,
provided that a deed restriction and/or conservation easement is applied
which prohibits clearing or construction in the RBCZ.
(e)
All stormwater shall be discharged outside of
but may flow through an RBCZ 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.)
(f)
If stormwater discharged outside of and flowing through an RBCZ cannot comply with the Standard for Off-Site Stability cited in Subsection F(2)(e), then the stabilization measures in accordance with the requirements of the above standards may be placed within the RBCZ, provided that:
[1]
Stabilization measures shall not be placed closer
than 50 feet to the top of the bank at bank-full flow or level of
other surface water bodies;
[2]
The encroachment shall only be allowed where
the applicant demonstrates that the functional value and overall conditions
of the RBCZ will be maintained to the maximum extent practicable;
[3]
A conceptual project design meeting shall be
held with the appropriate municipal staff and Soil Conservation District
staff to identify necessary stabilization measures; and
[4]
All encroachments proposed under this section
shall be subject to review and approval by the administrative authority.
G.
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 a Category One (C1) RBCZ shall comply with the standards
in N.J.A.C. 7:8-5.5(h).
(3)
For all other RBCZs:
(a)
The existing building footprint or uses shall
not be expanded or enlarged.
(b)
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the RBCZ, as measured against the intent and purpose under Subsection A, than the existing or former nonconforming use. The one-year time frame shall not apply to agricultural uses that are following prescribed best management practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this section.
H.
Uses prohibited in riparian buffer conservation zones.
(1)
Any use within a Category One (C1) RBCZ shall comply
with the standards in N.J.A.C. 7:8-5.5(h).
(2)
For other RBCZs, any use or activity not specifically authorized in Subsection E or G shall be prohibited within the RBCZ. By way of example, the following activities and facilities are prohibited:
(a)
Removal or clear-cutting of trees and other
vegetation or soil disturbance such as grading.
(b)
Storage of any hazardous or noxious materials.
(c)
Use of fertilizers, pesticides, herbicides,
and/or other chemicals in excess of prescribed industry standards
or the recommendations of the Soil Conservation District.
(e)
Motor or wheeled vehicle traffic in any area,
except as permitted by this section.
(f)
Parking lots.
(h)
New subsurface sewage disposal areas.
(i)
Residential grounds or lawns, except as otherwise
permitted pursuant to this section.
I.
Activities permitted in Stream Buffer Conservation
Zones in the case of no reasonable or prudent alternative or extreme
hardship.
(1)
For Category One (C1) RBCZs, requests for exemptions
must be authorized by the New Jersey Department of Environmental Protection.
(2)
For other RBCZs, hardship variances may be granted
by the Board of Adjustment in cases of a preexisting lot (existing
at the time of adoption of this section), when there is insufficient
room outside the RBCZ for uses permitted by the underlying zoning
and there is no other reasonable or prudent alternative to placement
in the RBCZ, including obtaining variances from setback or other requirements
that would allow conformance with the RBCZ requirements, and provided
that the following demonstrations are made:
(a)
An applicant shall be deemed to have established
the existence of an extreme economic hardship, as distinguished from
mere inconvenience, if the subject property is not capable of yielding
a reasonable economic return if its present use is continued or if
it is developed in accordance with provisions of this section and
this inability to yield a reasonable economic return results from
unique circumstances peculiar to the subject property which:
[1]
Do not apply to or affect other property in
the immediate vicinity;
[2]
Relate to or arise out of the characteristics
of the subject property because of the particular physical surroundings,
shape or topographical conditions of the property involved, rather
than the personal situations of the applicant; and
[3]
Are not the result of any action or inaction
by the applicant or the owner or his predecessors in title. The necessity
of acquiring additional land to locate development outside the RBCZ
shall not be considered an economic hardship unless the applicant
can demonstrate that there is no adjacent land that is reasonably
available.
(b)
An applicant shall be deemed to have established
compelling public need if the applicant demonstrates, based on specific
facts, that:
(c)
A variance can only be granted if it is shown
that the activity will not be materially detrimental or injurious
to other property or improvements in the area in which the subject
property is located and will not endanger public safety, and the exception
granted is the minimum relief necessary to relieve the hardship.
(3)
If the above demonstrations are made, then the encroachment
of impervious surfaces (structures or pavement) otherwise permitted
by the underlying zoning is permitted to the extent of 750 square
feet total. Said encroachment is not permitted closer than 50 feet
to the top of the bank at bank-full flow or level of the surface water
bodies.
(4)
If such an exception is granted, the applicant shall
rehabilitate an environmentally degraded RBCZ area within or adjacent
to the same site and at least equivalent in size to the RBCZ reduction
permitted or, if not possible, rehabilitate or expand an RBCZ area
at least equivalent in size within a nearby site and, if available,
within the same watershed. Rehabilitation shall include reforestation,
stream bank stabilization and removal of debris, in accordance with
an RBCZ management plan.
J.
Riparian buffer conservation zone management plan.
(1)
Within any RBCZ, no construction, development, use,
activity, or encroachment shall be permitted unless the effects of
such development are accompanied by preparation, approval, and implementation
of a riparian buffer conservation zone management plan.
(2)
The landowner, applicant, or developer shall submit
to the Township Engineer, or its appointed representative, a riparian
buffer conservation zone management plan prepared by an environmental
professional, professional engineer or other qualified professional
which fully evaluates the effects of any proposed uses on the RBCZ.
The riparian buffer conservation zone management plan shall identify
the existing conditions, including:
(a)
Existing vegetation;
(b)
Field delineated surface water bodies;
(c)
Field delineated wetlands;
(d)
The one-hundred-year floodplain;
(e)
Flood hazard areas, including floodway and flood-fringe
areas, as delineated by the New Jersey Department of Environmental
Protection;
(f)
Soil classifications as found on soil surveys;
(g)
Existing subdrainage areas of site with HUC-14
(Hydrologic Unit Code) designations; and
(h)
Slopes in each subdrainage area segmented into
sections of slopes less than or equal to 10%, above 10% but less than
20% and greater than 20%.
(3)
The proposed plan shall describe all proposed uses/activities
and fully evaluate the effects of all proposed uses/activities in
an RBCZ and all proposed management techniques, including proposed
vegetation and any other measures necessary to offset disturbances
to the RBCZ. A discussion of activities proposed as well as management
techniques proposed to offset disturbances and/or enhance the site
to improve the RBCZ's ability to function effectively as a RBCZ shall
also be included within the RBCZ management plan submittal to the
Township of Morris.
(4)
The plan shall be reviewed and must be approved by
the Engineer of the Township of Morris, in consultation with the Environmental
Commission, as part of the subdivision and land development process.
(5)
The riparian buffer conservation zone management plan
should include management provisions in narrative and/or graphic form
specifying:
(a)
The manner in which the area within the RBCZ
will be owned and by whom it will be managed and maintained.
(b)
The conservation and/or land management techniques
and practices that will be used to conserve and protect the RBCZ,
as applicable.
(c)
The professional and personnel resources that
are expected to be necessary in order to maintain and manage the RBCZ.
(d)
A revegetation plan, if applicable, that includes
three layers of vegetation, including herbaceous plants that serve
as ground cover, understory shrubs, and trees that form an overhead
canopy. Vegetation selected must be native and consistent with the
soil, slope and moisture conditions of the site. The revegetation
plan shall be prepared by a qualified professional such as a landscape
architect or engineer and shall be subject to the approval of the
Municipal Engineer, in consultation with the Environmental Commission.
Dominant vegetation in the riparian buffer conservation zone management
plan shall consist of plant species that are suited to the stream
buffer environment. The Engineer of the Township of Morris may require
species suitability to be verified by qualified experts from the Soil
Conservation District, Natural Resources Conservation Service, New
Jersey Department of Environmental Protection, United States Fish
and Wildlife Service and/or state or federal forest agencies.
(6)
A riparian buffer conservation zone management plan
is not required where the RBCZ is not being disturbed and conservation
easements/deed restrictions are applied to ensure there will be no
future clearing or disturbance of the RBCZ.
(7)
Performance of the riparian buffer conservation zone
management plan shall be guaranteed for two years by a surety, such
as a bond, cash or letter of credit, which shall be provided to the
Township of Morris prior to the Township of Morris issuing any permits
or approving any uses relating to the applicable use or activity.
K.
Boundary interpretation; appeals procedures; inspections;
conflicts; severability.
(1)
When a landowner or applicant disputes the boundaries
of an RBCZ or the defined bank-full flow or level, the landowner or
applicant shall submit evidence to the Township Engineer that describes
the RBCZ, presents the landowner's or applicant's proposed RBCZ delineation,
and presents all justification for the proposed boundary change. For
Category One (C1) RBCZs, the landowner or applicant must first obtain
approval from the New Jersey Department of Environmental Protection.
The applicant shall submit evidence to the Township Engineer that
describes the RBCZ, presents the landowner or applicant's proposed
RBCZ delineation, and presents all justification for the proposed
boundary change. A decision from the Department must be included with
the evidence submitted for municipal review.
(2)
Within 45 days of a complete submission of Subsection K(1) above, the Engineer of the Township of Morris, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Township Engineer and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
(3)
Any party aggrieved by any such determination or other decision or determination under Subsection K(2) may appeal to the Township Engineer under the provisions of this section. The party contesting the location of the RBCZ boundary shall have the burden of proof in case of any such appeal.
(4)
Any party aggrieved by any determination or decision
of the Township Engineer under this section may appeal to the Township
Committee of the Township of Morris. The party contesting the determination
or decision shall have the burden of proof in case of any such appeal.
(5)
Inspections.
(a)
(b)
The RBCZ may also be inspected periodically
by representatives from the Township of Morris if excessive or potentially
problematic erosion is present, other problems are discovered, or
at any time when the presence of an unauthorized activity or structure
is brought to the attention of municipal officials or when the downstream
surface waters are indicating reduction in quality.
(6)
Conflicts. All other ordinances, parts of ordinances,
or other local requirements that are inconsistent or in conflict with
this section are hereby repealed to the extent of any inconsistency
or conflict, and the provisions of this section apply.
(7)
Severability.
(a)
Interpretation. This section shall be so construed
as not to conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section
is held to be invalid or unconstitutional by a court of competent
jurisdiction, all remaining provisions of the section shall continue
to be of full force and effect.
(c)
The provisions of this section shall be cumulative
with, and not in substitution for, all other applicable zoning, planning
and land use regulations.
L.
Enforcement. A prompt investigation shall be made
by the appropriate personnel of the Township of Morris 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 may be instituted 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 the Township
of Morris, 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.[5]