The purpose of this article is to designate riparian 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 Montville and to comply with N.J.A.C. 7:15-5.25(g)3, which requires
municipalities to adopt an ordinance that prevents new disturbance
for projects or activities in riparian zones as described herein.
Compliance with the riparian zone requirements of this article does
not constitute compliance with the riparian zone or buffer requirements
imposed under any other federal, state or local statute, regulation
or ordinance.
The definitions of the words and/or terms utilized in this article
shall be as defined or described in the Water Quality Management Planning
rules, N.J.A.C. 7:15, the Stormwater Management Rules, N.J.A.C. 7:8,
and/or Flood Hazard Area Control Act Rules, N.J.A.C. 7:13, as they
exist as of the effective date of this chapter and as they may be
amended over time.
To the extent allowed by the Stormwater Management Rules (N.J.A.C.
7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and
the Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38),
new disturbances for projects or activities in the riparian zone established
by this article may be allowed through the Zoning Board of Adjustment
review and approval of a variance, provided the disturbance is proposed
to be located on a preexisting lot (existing as of the effective date
of this chapter) when there is insufficient room outside the riparian
zone for the proposed use otherwise permitted by the underlying zoning;
there is no other reasonable or prudent alternative to placement in
the riparian zone, including obtaining variances from setback or other
requirements that would allow conformance with the riparian zone requirements;
and upon proof by virtue of submission of appropriate maps, drawings,
reports and testimony, that the disturbance is:
A. Necessary to protect public health, safety or welfare;
B. To provide an environmental benefit;
C. To prevent extraordinary hardship on the property owner peculiar
to the property; or
D. To prevent extraordinary hardship, provided the hardship was not
created by the property owner, by not allowing a minimum economically
viable use of the property based upon reasonable investment.
To the extent allowed under the Stormwater Management Rules
(N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C.
7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38) and subject to review and approval by the New Jersey Department
of Environmental Protection to the extent required by those rules,
the following disturbances for projects or activities in the riparian
zone established by this article are allowed:
A. Redevelopment within the limits of existing impervious surfaces;
B. Linear development with no feasible alternative route;
C. Disturbance that is in accordance with a stream corridor restoration
or stream bank stabilization plan or project approved by the New Jersey
Department of Environmental Protection;
D. Disturbance necessary to provide for public pedestrian access or
water-dependent recreation that meets the requirements of the Freshwater
Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area
Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules,
N.J.A.C. 7:7E; or
E. Disturbance with no feasible alternative required for the remediation
of hazardous substances performed with New Jersey Department of Environmental
Protection or Federal oversight pursuant to the Spill Compensation
and Control Act, N.J.S.A. 58:10-23.11a et seq., or the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42
U.S.C. § 9601 et seq.
A prompt investigation shall be made by the Zoning Officer of
any person or entity believed to be in violation hereof. If, upon
inspection, a condition which is in violation of this article 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 article
shall be construed to preclude the right of the Township of Montville,
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 article 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 article. Each day a violation continues shall
be considered a separate offense.