Milltown City Zoning Code
§ 34-35.4
Variances.
[Ord. No. 13-1387]
a.
Except as set forth in subsection 34-35.5 below, and to the extent allowed by the New Jersey Stormwater Management Rules (N.J.A.C. 7:8), the New Jersey Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and the New Jersey Planning Act Rules (N.J.A.C. 7:38), any project or activity involving disturbance in a riparian buffer area shall require variance relief pursuant to N.J.S.A. 40:55D-70. In addition to the applicable requirements of N.J.S.A. 40:55D-70, no such variance relief may be granted unless the applicant proves that the following criteria have been met:
1.
The disturbance is proposed to be located on a lot in existence as of the effective date of this section; (adopted October 15, 2013)
2.
There is insufficient room outside the riparian buffer area for the proposed use otherwise permitted by the underlying zoning;
3.
There is no other reasonable or prudent alternative to placement in the riparian buffer area, including obtaining variances from setback or other requirements that would allow conformance with the riparian buffer area requirements; and
4.
The applicant proves through the submission of appropriate maps, drawings, reports and testimony, that the disturbance is necessary to:
(a)
Protect the public health, safety or welfare;
(b)
Provide an environmental benefit; or
(c)
Prevent undue economic hardship to the property owner by denying the property owner all economically-viable use of the property; provided the hardship was not self-created.
The applicant shall at all times bear the burden of proving that the above criteria have been met, in addition to the criteria that the applicant must prove pursuant to N.J.S.A. 40:55D-70.
b.
All variance requests shall be accompanied by a riparian buffer area disturbance plan prepared by a New Jersey professional engineer, which plan shall fully evaluate the effects on the riparian buffer area of any proposed uses, activities or improvements resulting in any ground disturbance. The riparian buffer area disturbance plan shall include the following information:
1.
Existing vegetation;
2.
Field-delineated surface water bodies;
3.
Field-delineated wetlands;
4.
The 100-year floodplain;
5.
Flood hazard areas, including floodway and flood fringe areas, as delineated by the NJDEP;
6.
Soil classifications as found on soil surveys;
7.
Field soil sampling, investigations, laboratory test results, and a signed and sealed certification as to the presence or absence of acid producing soils prepared by a licensed professional engineer of the State of New Jersey;
8.
Existing subdrainage areas on site with HUC (Hydrologic Unit Code) 14 designations;
9.
Slopes in each subdrainage area segmented into sections of slopes less than 15%; above 15% but less than 20%; and steep slopes greater than 20%; and
10.
Description of all proposed uses/activities and improvements, and full evaluation of the effects of same in the riparian buffer area.