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Elk Township board approves Russo minor subdivision, waiving 100‑foot agricultural buffer
Summary
The Elk Township Planning & Zoning Board granted final approval to a minor subdivision at 1499 Ellis Mill Road for Russo Land Holdings, LLC on Sept. 18, waiving a proposed 100‑foot agricultural buffer and requiring compliance with the board engineer's 9/13/2024 review letter and applicable DEP stormwater rules.
The Elk Township Combined Planning & Zoning Board on Sept. 18 granted final approval for a minor subdivision at 1499 Ellis Mill Road for Russo Land Holdings, LLC, agreeing to delete a 100‑foot agricultural buffer and to conditions listed in the board engineer's 9/13/2024 review letter.
The approval came after attorney William Horner told the board the application "is for a conforming Minor Subdivision which requires no variances" and introduced an aerial exhibit (marked Exhibit A1) he said shows the adjoining 130‑acre parcel lacks tillable farmland along the shared boundary. Applicant Nate Russo testified the wooded area along the rear boundary is dense, wet and likely at least a century old and said "there are no plans to subdivide this in the future."
Board Engineer Steve Bach had previously identified a set of technical waivers recommended for completeness review and explained the ordinance definition of a "woodlot" as it relates to agricultural buffering. Taking Horner's and Russo's testimony into account, Bach said he would have no objection to the agricultural buffer requirement not applying to this parcel. Bach also reminded the board and applicants that New Jersey DEP stormwater rules require a Stormwater Management Plan if the subdivision results in a quarter acre or more of new impervious surface or an acre or more of total disturbance; compliance with that requirement cannot be waived.
During the public comment period the board heard no speakers. The board first voted to deem the application complete and then voted on the final approval. By motion of Mr. Hughes, seconded by Mr. Wolf, the board granted the Minor Subdivision, carrying by roll call 7–0–0. The approval is subject to the conditions in the planner/engineer review and to the applicant's representation that affordable housing fees and any county planning board requirements will be addressed in subsequent filings.
The board's decision removes the 100‑foot agricultural buffer as a condition for this application but does not change the applicant's obligation to obtain any county approvals, submit required stormwater documentation if thresholds are met, or satisfy affordable housing fee requirements.
