[Amended 6-12-2000 by Ord. No. 00-10]
The purposes of the floodplain regulations are to:
A.Â
Implement the land use rules and regulations promulgated by the New
Jersey Department of Environmental Protection for floodways and the
flood-fringe portion of a flood hazard area.
B.Â
Minimize potentially unsafe conditions and reduce financial burdens
imposed on the community, its governmental units and its residents
by preventing the unwise design and construction of development in
areas subject to flooding; discourage construction and regrading in
flood hazard areas.
[Amended 6-12-2000 by Ord. No. 00-10]
C.Â
Prevent encroachments into flood hazard areas which would obstruct
or constrict the area through which water must pass.
D.Â
Prevent pollution of watercourses during low or high water periods
by preventing the placing or storing of unsanitary or dangerous substances
in the flood hazard areas.
E.Â
Contribute to the protection of stream waters against sedimentation;
the prevention of stream bank erosion; the maintenance of cool water
temperatures; and the preservation of fish and wildlife habitat, through
protection of trees and other riparian vegetation.
F.Â
Minimize danger to public health and safety by protecting water supply,
sanitary sewage disposal and natural drainage.
G.Â
Protect the quality and quantity of surface and subsurface water
supplies adjacent to and underlying floodplain areas.
H.Â
Maintain the scenic and aesthetic character of the rivers and streams
and their valleys consistent with the goals of the Master Plan.
I.Â
Protect and preserve the natural, scenic and recreational resources
of the Delaware River.
The flood hazard design elevation shall be determined as follows:
A.Â
Streams located within the township which have not been the subject
of studies by either the state or federal government: one-hundred-year-flood
discharge.
B.Â
Streams that have been the subject of the Federal Emergency Management
Administration (FEMA) studies excluding the Delaware River: one-hundred-year-flood
discharge.
C.Â
Delaware River: one-hundred-year-flood discharge, plus 25%.
D.Â
Streams that have been or in the future will be studied by the New
Jersey Department of Environmental Protection: one-hundred-year-flood
discharge, plus 25%.
Any lot containing a floodway portion of a drainage course and
on which it is proposed to regrade and/or construct an improvement
shall not be permitted unless the proposed use is permitted by this
chapter, site plan approval has been granted (or subdivision approval
in the case of a subdivision) and a permit has been issued by the
New Jersey Department of Environmental Protection, Division of Water
Resources, where required by state regulations.
Any lot containing a flood-fringe portion of the flood hazard
area and on which it is proposed to regrade and/or construct an improvement
shall not be permitted unless the proposed use is permitted by this
chapter and until site plan approval has been granted.
The procedure for reviewing any proposed regrading and/or construction
shall be the same as set forth for site plan review. No application
shall be approved and no permit granted until all zoning violations
have either been corrected or a variance granted and, where the floodway
is involved, until the Division of Water Resources has issued any
required permit.
[Amended 6-12-2000 by Ord. No. 00-10]
Permitted uses in a flood-fringe portion of the flood hazard
area shall be restricted to the following and shall be permitted uses
in the district in which the flood-fringe portion is located, provided
that no impervious surfaces are created as the uses are developed:
A.Â
Agriculture: general cultivation, pasture, grazing, outdoor plant
nurseries, horticulture, viticulture, truck farming, forestry, sod
farming and wild crop harvesting. Fences associated with these agricultural
uses are nonregulated.
B.Â
Recreation: golf courses, improved courts and playing fields, swimming
areas, boat launching ramps, picnic and camping and open space uses,
such as hiking and horseback riding trails, hunting and fishing areas,
shooting preserves, parks, wildlife and nature preserves, game farms,
driving ranges, archery ranges and fish hatcheries.
C.Â
Residential: lawns, gardens, play areas, landscaping, gardens and
fences.
[Amended 6-12-2000 by Ord. No. 00-10]
The applicant shall submit maps, reports and other appropriate
documents permitting the Approving Board to evaluate whether the proposal
has an inherent low flood damage potential; does not obstruct flood
flows in the floodway; does not increase significantly the local rate
of runoff and/or erosion and sedimentation; does not require channel
modification or relocation; and is being undertaken with full on-site
and on-tract flood damage risks accepted by the owner and his or her
assigns. The precise location of the floodplain as the floodplain
is defined in this chapter shall be determined by the applicant and
shown on maps that are presented for site plan review.
Prior to any action by the Approving Board on a site plan involving
a floodway or flood-fringe area, a public hearing shall be set and
conducted by the Approving Board. Notice of the hearing shall be as
required under Part II.
Upon reviewing the application, hearing the applicant's presentation
and hearing comments from the general public and other municipal agencies
to which the application was forwarded for comment, the Approving
Board shall deny, approve subject to conditions or approve the application.
Its conclusions shall be based on findings related to the above criteria.
Any approval or conditional approval by the Approving Board shall
be a recommendation to the Township Committee who shall make the final
determination. Any denial by the Approving Board may be appealed by
the applicant to the Township Committee.
