Section 36.267-36.276

Overlay

• Administrative waivers available

  Section 36.274. - Administrative Waivers.

• Exempted uses in RPA

  The following land disturbances in RPAs may be exempted from the Overlay District: (i) water wells; (ii) passive recreation facilities such as boardwalks, trails, and pathways; and (iii) historic preservation and archaeological activities

• Exempted utility infrastructure

  Construction, installation, operation, and maintenance of electric, natural gas, and telephone transmission lines, Cable TV, railroads, and public roads and their appurtenant structures ... Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both, by an Essex County or a regional service authority shall be exempt

• Land disturbance threshold for exemption compliance2,500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.

  Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with the requirements for the Essex County Erosion and Sediment Control Ordinance.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses may continue

  The lawful use of a building or structure which existed on October 22, 1991, or which exists at the time for any amendment to this Article, and which is not in conformity with the provisions of the Overlay District, may be continued in accordance with Article VIII, Nonconformities, of the Essex County Zoning and Subdivision Ordinance.

• Plan of Development required

  Section 36.273. - Plan of Development.

• Distance from RPA for RMA exemption500 ft

  There is no RPA, as established by Section 36.267(a)(1) of this Ordinance, located on or within five hundred (500) feet of any portion of the lot or parcel;

• Steep slopeSteep slopeGround above a stated gradient, where building is restricted or barred. threshold for RMA exemption study25 pct

  Steep slopes greater than twenty-five (25) percent;

• RPA boundary determination required

  Section 36.268. - Determining RPA Boundaries.

• SilvicultureSilviculture / plant nurseryGrowing trees or plants as a crop — forestry and commercial plant production. activities exempt with BMPs

  Silvicultural activities are exempt from the requirements of the Article provided that silvicultural operations adhere to water quality protection procedures prescribed by the Department of Forestry

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. review by Board of Zoning Appeals

  Any exception or variance to the requirements those exceptions dealing with RPA issues, shall be reviewed and considered by the Board of Zoning Appeals of Essex County.

• Water Quality Impact Assessment required

  Section 36.272. - Water Quality Impact Assessment (WQIA).