Exceptions.

a. 

The following disturbances are excepted:

1. 

Redevelopment within the limits of existing impervious surfaces; and

2. 

New disturbance in the riparian zone necessary to protect public health, safety or welfare; to provide an environmental benefit; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided that the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment.

b. 

An exception to any of the disturbances listed in Paragraph a1 above shall be granted by the Municipal Engineer upon proof by virtue of submission of appropriate maps and drawings, that the proposed redevelopment is within the limits of impervious surfaces that existed at the time of passage of this section and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Acts Rules, N.J.A.C. 7:13.

c. 

For all riparian zones an exception to any of the disturbances listed in Pragraph a2 above shall be granted by the Zoning Board of Adjustment upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance protects public health, safety or welfare; provides an environmental benefit; prevents extraordinary hardship on the property owner peculiar to the property; or prevents extraordinary hardship, provided that the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment.

d. 

Appeals of a determination by the Municipal Engineer made in accordance with Paragraph b above may be made to the Planning Board. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.