More discussion due on reducing stream buffers
BY KATHY BARATTA
Staff Writer

HOWELL — A proposed ordinance that was shelved in December may soon get a second look from the Township Council. The proposal was intended to revamp Howell’s existing riparian buffer law.

Riparian buffer restrictions protect stream corridors in a watershed area. A watershed is a group of stream corridors that feed into a larger body of potable water.

Following remarks from environmental commission members Donald Smith and Bobbie Sue Bowers, the mayor and council tabled the proposed ordinance on Dec. 6, the night it was scheduled to be introduced.

Mayor Joseph M. DiBella said the law was developed by township planner Charles Newcomb in order to grant relief to homeowners who are unable to use their rear yard or side yard because of the riparian buffer restrictions. The placement or construction of any structure is prohibited in a riparian buffer zone.

At a special meeting of the Planning Board on Dec. 19, discussion of the riparian ordinance arose relative to the recommended master plan adoptions board members were discussing.

The master plan is a series of documents that guides a municipality’s growth and development.

At that meeting, DiBella, who sits on the board with Councilman Peter Tobasco, said he was concerned that Howell’s existing riparian ordinance may have only achieved “a level of over-regulation.” He said the revised law should be discussed by the council in January.

Newcomb said that as he understood it, some existing buffers are to remain at 300 feet and other buffer zones, where officials are “encouraging growth,” would be reduced to 75 feet. He said the reduction in the size of a buffer zone would be accompanied by best management practices which would ensure the continued protection of the potable waterway sources.

Howell is home to three potable watersheds — the Manasquan River, the Swimming River Reservoir area and the Metedeconk River. The 300-foot buffer zone is in keeping with state regulations. Prior to the adoption of the 300-foot wide buffer zone, the restricted area near streams was 100 feet.

After some heated words between Smith and council members on Dec. 6, the council conceded that the environmental commission should be given a chance to review the proposed new ordinance and any additional data supporting the proposal.

Smith charged on Dec. 6 that the council was trying to rush through an ordinance — which could have been adopted on Dec. 20 — at a time when residents were preoccupied with the holidays.

His allegation drew angry denials from DiBella and Deputy Mayor Juan Malave. They called Smith’s characterization of their actions insulting and wrong.

Smith said he and Bowers subsequently met with Newcomb and Township Engineer William Nunziato Jr. to discuss the matter. Smith said that given what he said was related to him and Bowers by Newcomb at their Dec. 29 meeting, he was not sure he had been wrong to accuse the mayor and council of trying to rush through the riparian ordinance.

Smith said Newcomb told Bowers and himself there was no map to show them because no map had been prepared.

Also, Smith said, and Bowers corroborated, Newcomb told them he had submitted “a few little notes” with the “strict understanding” that a new riparian ordinance should not be submitted until at least February 2006 in order to give time for supporting ordinances to be put in place as part of the storm water management component of Howell’s master plan.

Smith said the adoption of the riparian ordinance in December would have been illegal without the map that the ordinance directly references.

Newcomb said that as far as he knew, a map would be developed by Nunziato in time for the next go-round at the ordinance.

Smith said Newcomb told Bowers and himself that other than offering the notes and some suggestions, he had not been part of the actual drafting of the ordinance that was presented on Dec. 6.

As to who prepared the ordinance, Newcomb said that “some time ago, at the request of the mayor,” he had submitted for officials review a copy of the state model riparian ordinance which he said he obtained from the state Department of Environmental Protection Internet Web site.

Newcomb said he assumed Township Attorney Tom Gannon then took his notes and “converted it into the actual ordinance” using his “strikeouts and suggested additions” to the existing law.

Newcomb said his other input included suggestions as to where the reduced 75-foot buffers should be located.

As to waiting on drafting the ordinance, Newcomb said he believed supportive changes regarding waste water management need to be incorporated into the master plan in tandem with any riparian buffer changes.

Newcomb said the ordinance change means Howell streams with other than a C-1 ranking from the state would each be looked at for reduction to 75-foot buffers “where the change would have the least impact.”

Streams that have been designated as C-1 by the state are afforded the highest level of protection.

Newcomb said reducing the size of the buffer would still prohibit any structures within any buffer zone.