Milltown City Zoning Code
§ 34-35.5
Exceptions.
[Ord. No. 13-1387]
The provisions of subsection 34-35.4 notwithstanding, and to the extent allowed under the New Jersey Stormwater Management Rules (N.J.A.C. 7:8) and the New Jersey Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and subject further to the review and approval by the NJDEP to the extent required by said rules, the following projects or activities involving disturbance in any riparian buffer area established pursuant to these regulations shall be allowed, and variance relief pursuant to subsection 34-35.4 shall not be required:
a.
Redevelopment projects, including the construction of structures, dwellings, improvements and impervious surfaces on areas which previously contained structures, dwellings, improvements or impervious surfaces.
b.
Linear development with no feasible alternative route; for the purposes of this section, "linear development" shall mean any development that is constructed in a linear fashion across the landscape, such as power lines, roads, sidewalks, bike paths, walkways, railways, pipelines (gas, oil), telecommunications infrastructure (excluding towers or other vertical improvements), and manmade waterways;
c.
Disturbance that is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the NJDEP;
d.
Disturbance necessary to provide for public pedestrian access or water-dependent recreation that meets the requirements of the New Jersey Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, or the New Jersey Flood Hazard Area Control Act rules, N.J.A.C. 7:13;
e.
Disturbance with no feasible alternative required for the remediation of hazardous substances performed with NJDEP or federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq., or the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;
f.
Any wetlands mitigation project that has been approved by the NJDEP, subject to compliance with a riparian buffer area disturbance plan prepared in accordance with subsection 34-35.4b above and approved by the Borough Engineer; or
g.
Any municipal or municipally-sponsored development or project that meets the requirements of the New Jersey Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, or the New Jersey Flood Hazard Control Act rules, N.J.A.C. 7:13;
h.
Disturbance necessary to re-establish pre-existing improvements or reconstruct conditions that are unintentionally damaged from occurrences such as fire, vandalism or acts of God.