to replace patio,
swimming pool
Stream law encroaches
on backyard enjoyment
Law stymies effort
to replace patio,
swimming pool
BY KATHY BARATTA
Staff Writer
Carol Borne wants to replace a 20 year-old above-ground pool and surrounding deck behind her Western Drive, Howell, home with an in-ground pool and patio.
The resident of Howell’s Ramtown (southern) section found out after she removed the old pool that her plans would put her in violation of a township ordinance.
Borne told the Township Council at a recent meeting that she was informed in September that the riparian buffer ordinance the council adopted in September 2002 put her property within a stream corridor buffer zone, which would make an in-ground pool a violation.
The riparian ordinance prevents any construction or placement of structures within 100 feet of either side of a stream corridor.
The Planning Board sent a recommendation last month to the council to amend the riparian buffer ordinance by increasing the buffer width from 100 feet to 300 feet.
The Township Council did not take action on the Planning Board’s recommendation, pulling it from the Nov. 24 meeting agenda.
Borne told the governing body she thought the administrative review committee, which the township is establishing to hear swimming pool relief applications, should hear her application.
Township Engineer William Nunziato said the review committee would address matters of less importance such as property line encroachment, but not an environmental concern.
Borne said her plans do not pose any environmental threat. She said she needed immediate relief or she would be too late to book her contractor for Spring 2004 and would be "stuck with a hole in my back yard for another year."
Township Manager Bruce Davis said any applications to the administrative review committee should be submitted in writing.
Saying he hated to be the "bearer of bad tidings," Nunziato said the stream corridor restriction may be something the administrative review committee cannot grant relief from since the matter of a stream corridor buffer is an environmental concern.
Nunziato did note that a "50-foot gray area" amendment was being proposed as an amendment to the ordinance to address issues like Borne’s.
Davis said the riparian ordinance does not allow for a variance under any situation.
According to the language of the ordinance, a variance can only be granted to an applicant if a condition of "extreme hardship" can be proved.
Extreme hardship is defined in the ordinance as "a scenario where no economic use of the land is available without reducing the width of the Stream Corridor Buffer Zone."
Borne said that Pine Creek, "a run-off creek that almost dries up in summer," runs 30 feet beyond her rear property line. She said that under the constraints of the ordinance, a 100-foot buffer zone now takes up 70 feet of her back yard.
"Essentially, what this ordinance is telling me is that I’m paying property taxes on a rear yard that I really don’t own and can’t do anything with," Borne said. "That’s not fair."
Township Attorney Thomas Gannon said one way of rectifying the situation would be to amend the administrative review committee ordinance, giving that body the authority to grant relief.
The ordinance to establish the administrative review committee is scheduled for a public hearing and adoption at the council’s Dec. 16 meeting.
Borne was instructed to submit to the township manager’s office a written request detailing her reasons for seeking a hearing by the new committee.
Mayor Timothy J. Konopka told Borne hers would likely be the first application for review by the committee that will be comprised of personnel including Nunziato and Land Use Officer Vito Marinaccio.