was said to render
some yards unusable
Proximity to streams
was said to render
some yards unusable
BY KATHY BARATTA
Staff Writer
Homeowners in Howell whose property lies within a stream corridor can look forward to some measure of relief from riparian restrictions at the township level.
The township’s riparian buffer ordinance was scheduled for adoption Tuesday night after being pulled from a scheduled approval in July in order for it to be reviewed by the township attorney.
Howell’s existing riparian ordinance prevents any construction or the placement of any structure on property that lies within 100 feet of either side of a stream corridor.
The amendment scheduled for adoption Tuesday set the parameters of the ordinance to apply to any property within 300 feet of either side of a stream corridor, but left open a window residents can work with.
Before the amendment’s adoption, anyone who wanted to construct any impervious surface or structure within the riparian buffer zone had to get a use variance to do so. That entailed costs and professional fees on the part of the homeowner to make an application to Zoning Board of Adjustment. The was no guarantee the board would grant the requested relief.
With the riparian ordinance amendment, a qualifying applicant will be allowed to construct something in the buffer zone up to 3,500 square feet in size.
"That’s a good size pool or patio," Township Engineer William A. Nunziato said.
Township Manager Bruce Davis said the ordinance amendment was drafted so that Nunziato, who along with Land Use Officer Vito Marinaccio hears appeals regarding land use, can act "in the interest of fairness to homeowners who find themselves with back yards that are rendered virtually unusable" due to environmental constraints or those imposed by township ordinance.
A recently adopted municipal ordinance requires newly constructed home lots to have at least 50 feet of usable rear yard for buyers so they are not paying property taxes on yards they can not use due to the existence of restrictive buffer zones.
The 300-foot buffer zone is also being adopted by the Township Council in order for Howell’s requirements to be in keeping with the state’s recently enacted stricter protection of watershed areas. Much of Howell is included in these state-protected watershed areas.
The township’s ordinance stipulates a riparian corridor is identified as "the land area that acts as a transition between the aquatic and upland ecosystems." It goes on to state the riparian buffer zone will apply to "any area of land within a minimum width of 300 feet located adjacent on either side to permanent or intermittent stream corridors, lakes and ponds."
The Planning Board reviewed and approved the riparian amendment in July.