The Township of Livingston 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 Livingston is also empowered to adopt and implement this article under provisions provided by the following legislative authorities of the State of New Jersey:
A. Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
B. Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
C. Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
D. Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
E. Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
As used in this article, the following terms shall have the meanings indicated:
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.
ADMINISTRATIVE AUTHORITY The Planning Board or Zoning Board of Adjustment or Zoning Officer or Township Engineer or the designee of such officer or engineer with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
[Amended 3-20-2017 by Ord. No. 8-2017]
APPLICANT A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this article, and that would be located in whole or in part within a regulated riparian buffer zone.
CATEGORY ONE WATERS or C1 WATERS Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards, for protection from measurable changes 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 or C2 WATERS Those waters not designated as Outstanding Natural Resource waters or Category One waters in the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards.
FLOODWAY 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.
INTERMITTENT STREAM A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the county soil surveys.
LAKE, POND or RESERVOIR Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the county soil surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
PERENNIAL STREAM A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the county soil surveys.
RIPARIAN ZONE The land and vegetation within and directly adjacent to all surface water bodies 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 on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a special water resource protection area (SWRPA) pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any man-made lagoon or oceanfront barrier island, spit or peninsula.
RIPARIAN ZONE MANAGEMENT PLAN A plan approved by the Township Engineer or his designee. The plan shall be prepared by a landscape architect, professional engineer or other qualified professional, and shall evaluate the effects of any proposed activity/uses on any riparian zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.
SPECIAL WATER RESOURCE PROTECTION AREA or SWRPA A three-hundred-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the county soil surveys within the associated HUC-14 drainage, pursuant to the stormwater management rules at N.J.A.C. 7:8-5.5(h).
SURFACE WATER BODY Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or state open waters identified in a letter of interpretation issued under the Freshwater Wetlands Protection Act rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
THREATENED or ENDANGERED SPECIES A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
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.
Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:
A. Legally existing but nonconforming structures or uses may be continued.
B. Any proposed enlargement or expansion of the building footprint within the riparian zone of a C1 water shall comply with the standards in the stormwater management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
C. For all other riparian zones:
(1)Â 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.
(2)Â Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where no previous development or disturbances have occurred.
(3) Discontinued nonconforming uses may be resumed any time within one year from such a discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under §Â
170-190, than the existing or former nonconforming use. This 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 article.
The requirements of this article shall be enforced by the Township Engineer or his designee who shall conduct investigations when any person or entity is believed to be in violation hereof. Any person or entity who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000. 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.