New plan seeks to extend
stream protection buffer
BY KATHY BARATTA
Staff Writer

HOWELL — The township’s riparian buffer ordinance which was adopted in 2002 is set for amendment. The ordinance as it stands prevents any construction or placement of structures within 100 feet of either side of a stream corridor.

The amendment to be considered by the Township Council sets the parameters of the ordinance to 300 feet of either side of a stream corridor. Any person who wants to build an impervious surface or structure within that buffer zone will need to obtain a use variance from the Zoning Board of Adjustment to do so.

According to the language of the present ordinance, a use variance can only be granted to an applicant who wants to construct something in a designated riparian zone if a condition of "extreme hardship" can be proven.

Extreme hardship is defined in the ordinance as being "a scenario where no economic use of the land is available without reducing the width of the Stream Corridor Buffer Zone."

In a March letter to Township Man-ager Bruce Davis, township planner Michael Vena said that in order to be in compliance with new state guidelines as they relate to the protection of watershed areas, Howell must increase the riparian buffer zone by 200 feet to meet the 300-foot state standard.

According to Vena, most of Howell’s streams and tributaries qualify for the state’s proposed Category 1 protection and are therefore subject to the stringent regulations regarding their use.

In a June letter to Vena, Township Attorney Thomas Gannon suggested that any reference to "unfair hardship analysis" be removed from the ordinance.

According to Gannon, the language is not necessary since the zoning board is the body already vested with the power to hear appeals of zoning issues.

Under the terms of the new ordinance, a riparian corridor is identified as "the land area that acts as a transition be-tween the aquatic and upland ecosystems." It goes on to state that 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 proposed amendment comes in the wake of recent appeals to the Township Council from homeowners who have claimed that the riparian restrictions prevent them from making full use of their back yard.

The homeowners claim to have only become aware of the riparian restrictions because they were denied permits they needed to construct in-ground pools, sheds and other structures that are prohibited in the riparian buffer zone.

Their recourse remains an application to the zoning board for relief.

The amendment extending the riparian buffer zone was scheduled for introduction June 29. A second reading, public hearing and possible adoption by the council are scheduled for the governing body’s July 20 meeting.