Township of Freehold, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Freehold 8-25-2009 by Ord. No. O-09-22.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 115.
Environmental impact statements — See Ch. 142.
Land use — See Ch. 190.
Manufactured/mobile homes — See Ch. 213.
Soil erosion and sediment control — See Ch. 282.
Soil removal and soil fill — See Ch. 286.
Water resources protection — See Ch. 355.
[1]
Editor's Note: This ordinance also superseded former Ch. 166, Floodplains and Watercourses, adopted by Ord. No. O-83-14 (Ch. XXIII of the Revised General Ordinances), as amended through Ord. No. OI-87-11.

§ 166-1 Statutory authorization.

The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry.

§ 166-2 Findings of fact.

A. 
The flood hazard areas of the Township of Freehold are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
C. 
It is further recognized that various streams and watercourses in the Township of Freehold are subject to siltation, erosion of banks, recurrent and increasing flooding and degradation of water quality and that such conditions endanger life and public and property, that such conditions are aggravated by development and encroachments in the streams and watercourses, and that the most appropriate method of alleviating such conditions is through regulation of developments and encroachments.

§ 166-3 Statement of purpose.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
A. 
To protect human life and health;
B. 
To minimize expenditure of public money for costly flood control projects;
C. 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. 
To minimize prolonged business interruptions;
E. 
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;
F. 
To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
G. 
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 166-4 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:
A. 
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
B. 
Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C. 
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D. 
Controlling filling, grading, dredging, and other development which may increase flood damage; and
E. 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 166-5 Definitions.

For the purpose of this chapter, unless the content clearly indicates otherwise, the following words shall have the following meanings:
APPEAL
A request for a review of the Engineer's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent-annual-or-greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD (FLOOD HAZARD AREA)
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year.
BANK
The area of land adjoining a watercourse sloping from level grade to the beginning of the channel.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
CHANNEL
The bed and banks which confine and conduct the continuously or intermittently flowing water of any stream or watercourse.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING
A non-basement building built in the case of a building in an area of special flood hazard to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
ENCROACHMENT
Any structure or obstruction within a stream or watercourse or within the flood hazard area or floodplain of such stream or watercourse.
EROSION
Detachment and movement of soil and rock fragments by water, wind, ice, or gravity.
EXCAVATION
Removal, displacement, or recovery by any means whatsoever of minerals, mineral substances, or organic substances, other than vegetation, from the water, land surface, or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.
FILL
Sand, gravel, rocks, earth, vegetation, rubble, or other materials placed or deposited within a stream, watercourse, flood hazard area, or floodplain.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland or tidal waters; and/or
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD DAMAGE POTENTIAL
The susceptibility of a land use or activity at a particular site to damage by potential floods at that site, as well as the potential of a land use or activity to cause or add to off-site flooding or flood-related damage.
FLOOD-FRINGE
That portion of any delineated flood hazard area, not designated as floodway, as depicted on maps prepared by the New Jersey Department of Environmental Protection or its predecessor agencies, pursuant to N.J.S.A. 58:16A-50 et seq., and filed in the offices of the Township Clerk and Engineer.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOODPLAIN
The area of relatively flat land adjoining a stream or watercourse and subject to flooding from an overflow of such stream or watercourse, including lands delineated as floodplains on maps prepared by the Freehold Township Environmental Commission and filed in the offices of the Township Clerk and Engineer.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
GROUNDWATER
That water, beneath the land surface, which is below the water table.
HAZARDOUS MATERIAL
Includes, but not limited to, inorganic mineral acids of sulphur, fluorine, chlorine, nitrogen, chromium, phosphorus, selenium and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and oresols, and their salts; petroleum products; and radioactive materials.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
IMPROVED PARKING AREA
An area for the temporary or permanent location of motor vehicles which has been modified from its natural condition by excavation, fill, structures, or pavement.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including the basement. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage, in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MOTOR VEHICLE
Any vehicle propelled otherwise than by muscular power, excepting such vehicle as runs only upon rails or tracks.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
OBSTRUCTION
Any building, structure, material or combination of materials placed in, along, across, or projecting into any stream, watercourse, flood hazard area, or floodplain which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life or property.
PERSON
Corporations, companies, associations, societies, firms, partnerships and joint-stock companies, as well as individuals, the state and all political subdivisions of the state or any agencies or instrumentalities thereof.
PESTICIDE
Any substance or mixture of substance labeled, designed or intended for use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nemotodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. The term "pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant, or plant regulator.
PETROLEUM PRODUCT
Oil or petroleum of any kind and in any form, including crude oils and derivatives of crude oils, whether alone, as sludge, oil refuse or oil mixed with other wastes.
RADIOACTIVE MATERIAL
Any natural or artificially produced substance or combination of substances which emit radiation spontaneously.
RATE OF LOCAL RUNOFF
Speed with which a given quantity of water will move across the land surface at the site of the proposed use or activity under the influence of gravity.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Four hundred square feet or less when measured at the longest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by a light duty truck; and
D. 
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
SEDIMENTATION
The transport and depositing of solid material by water.
SOLID WASTE
Garbage, sludge, refuse, trash, rubbish, debris or other discarded solid materials.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STREAM
Any natural course of running water, whether improved, unimproved, enclosed or realigned, which presently or prior to any improvement, enclosure or realignment had been cut by the erosion of running water; a channel with well-defined banks and bed and through which water flows ordinarily and frequently, but not necessarily continuously.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure."
SURFACE WATER
Water on the land surface.
VARIANCE
A grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.
WATER-CARRYING CAPACITY
The ability of a stream or watercourse to transport flow as determined by its shape, cross-sectional area, bed slope and coefficient of hydraulic friction.
WATERCOURSE
Any natural or man-made carrier of water which has a definite channel with a bed and banks and along which water has flowed either continuously or intermittently for a sufficient period of time to give it substantial existence, including, but not limited to streams, rivers, brooks, rills, ponds, springs and drainage ditches.

§ 166-6 Uses in floodplain areas.

A. 
Prohibited uses. No person shall hereafter engage in or cause other persons to engage in any of the following prohibited activities or land uses within any portion of a flood hazard area, except as permitted as a lawful preexisting use under § 166-12.
(1) 
Placing, depositing or dumping any solid waste in a sanitary landfill or otherwise.
(2) 
Dumping, disposing or discharging of pesticides, domestic and industrial wastes, radioactive materials, petroleum products, or other hazardous materials, except as authorized under other provisions of law, including authorized Mosquito Control Commission programs.
B. 
Nonregulated (exempt) uses.
(1) 
For purposes of this subsection, nonregulated uses are activities and land uses within the flood hazard area which:
(a) 
Are not prohibited under Subsection A;
(b) 
Have an inherent low flood damage potential;
(c) 
Do not obstruct flood flows;
(d) 
Do not require channel modification or relocation;
(e) 
Do not increase significantly the local rate of runoff and/or erosion and sedimentation;
(f) 
Are undertaken with full on-site flood damage risks accepted by the owner or his assigns;
(g) 
Do not increase off-site flood damage potential; and
(h) 
Do not require erection of structures.
(2) 
Nonregulated uses in the area of special flood hazard and floodplain must satisfy the above conditions and shall include and be limited to:
(a) 
Residential. Residence improvement activities such as lawns, gardens, landscaping, play areas, park areas and fences.
(b) 
Private and public recreation. Playing fields, picnic grounds, swimming areas, parks, wildlife and nature preserves, game farms, hunting and fishing areas, shooting preserves, biking and horseback riding trails, tennis courts, basketball courts, driving ranges, archery ranges, target ranges, trap and skeet ranges and fish hatcheries.
(c) 
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.
C. 
Regulated uses.
(1) 
For purposes of this subsection, regulated activities and land uses are those within the flood hazard area and floodplain which are not prohibited under Subsection A of this section, do not qualify as nonregulated (exempt) uses under Subsection B of this section, do not qualify as preexisting uses under § 166-12 and which involve, incorporate or make use of one or more of the following:
(a) 
Structures (both temporary and permanent);
(b) 
Fill;
(c) 
Excavation; or
(d) 
Channel modifications or relocations.
(2) 
Regulated uses shall include but are not limited to the following:
(a) 
All nonregulated uses under Subsection B of this section when they involve any of the factors listed above;
(b) 
Public and private recreation facilities such as golf courses, tennis courts, swimming pools, boat launching ramps, docks, piers and wharves;
(c) 
Improved parking areas;
(d) 
Utilities and transportation, such as railroads, streets, highways, bridges, pipelines, and transmission lines;
(e) 
Retaining walls, dams, bulkheads, and dikes; and
(f) 
Construction of or substantial improvement of residential, commercial, industrial, agricultural, or other structures, including manufactured/mobile homes.
[Amended 12-22-2009 by Ord. No. O-09-36]

§ 166-7 Unmapped floodplains.

A. 
Applicability. The channel and floodplain of any stream or watercourse, the flood hazard area of which has not been marked, delineated or mapped by the Department of Environmental Protection or the Federal Emergency Management Agency, shall be subject to the following rules and regulations.
B. 
Mapping of floodplains by individual engaging in prohibited or regulated activity.
(1) 
Any person intending to engage in a prohibited or regulated use or activity as herein defined on lands traversed by or abutting a stream or watercourse, the flood hazard area or floodplain of which has not been delineated or mapped, shall prior to engaging in such prohibited or regulated use or activity cause the floodplain, flood hazard area (floodway and flood-fringe) and channel of such stream or watercourse to be delineated and mapped by a licensed professional engineer of the State of New Jersey based on the one-hundred-year storm and accepted engineering practices to the satisfaction of the Township Engineer and, where applicable, the State Department of Environmental Protection.
(2) 
Upon the completion of such delineation and mapping process, such person shall be barred from engaging in any prohibited use or activity absolutely and from engaging in any regulated use or activity unless a regulated use permit has been applied for and received.
C. 
Prohibited uses. No person shall hereafter engage in or cause other persons to engage in any of the following prohibited activities or land uses within the channel or floodplain of any stream or watercourse to which this section applies, unless such use or activity qualifies as a lawful preexisting use under § 166-12 or is otherwise exempt:
(1) 
Placing, depositing or dumping any solid waste in a sanitary landfill or otherwise.
(2) 
Processing, storing, discharging, dumping or disposing of pesticides, domestic or industrial wastes, radioactive materials, petroleum products or other hazardous materials, except as authorized under other provisions of law, including authorized Mosquito Control Commission programs.
D. 
Regulated uses. No structure, fill, obstruction, encroachment, excavation, channel modification or relocation shall be undertaken, placed, continued or allowed to remain within the floodplain or flood hazard area of any stream or watercourse to which this section applies without a regulated use permit having been applied for and received, unless such use qualifies as a lawful preexisting use under § 166-12 or is otherwise exempt.

§ 166-8 Regulated use permits.

Subject to the provisions of § 166-12, Preexisting structures and uses, and § 166-13, Maintenance and repair of regulated uses, no person shall hereafter engage or cause other persons to engage in any regulated use or activity as defined in §§ 166-6C and 166-7D unless and until such person shall have applied for and received from the Township Planning Board a regulated use permit. The Township Construction Official is appointed to administer and implement this chapter.
A. 
Duties and responsibilities of the Construction Official shall include but not be limited to the following. The Construction Official shall:
(1) 
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(2) 
Review all development permits to require that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3) 
Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.
(4) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation (in relation to mean sea level); and
(b) 
Maintain the floodproofing certifications required in Subsection D(2)(c) of this section.
(5) 
Review all development permits to determine if the proposed development is located in the floodway and assure that the encroachment provisions of § 166-9A are met.
(6) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
(7) 
Alteration of watercourses:
(a) 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(b) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
B. 
Township Engineer. When base flood elevation and floodway data has not been provided, in accordance with § 166-17, the Township Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection H(5) and (6).
C. 
The Township Engineer shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 166-15.
D. 
Application procedures.
(1) 
An applicant for a regulated use permit shall request an application number and an application form from the Secretary of the Planning Board. A nonrefundable application fee as provided in Chapter 150, Fees, must accompany the request. The application number shall identify the application and shall be predominantly displayed on all correspondence and submissions of information relating to the application. The request shall include the applicant's name, address, a brief description of the proposed project and the project's location. The Secretary of the Planning Board shall send the applicant his application number and application form, which shall be returned to the Secretary of the Planning Board and copies forwarded to the appropriate agencies. (See application form for all required information.)
(2) 
The application shall include but is not limited to the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(a) 
Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
(b) 
Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed;
(c) 
Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of Subsections H and I of this section and which, after the structure is built, shall be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection.
(d) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(3) 
Completion of application; copies submitted.
(a) 
The applicant shall submit to the Planning Board at least five copies of the completed application and any additional information required and shall submit at least two copies of the completed application to the Township Engineer and, upon receipt of a declaration of completeness, shall within three days thereof submit an additional five copies to the Township Environmental Commission. A nonrefundable application processing fee as provided in Chapter 150, Fees, shall be submitted to the Planning Board with the completed application.
(b) 
All information shall be complete, responsive and accurate to the best of the applicant's knowledge and ability and if required to be in platted form shall be prepared by a licensed professional engineer.
(4) 
Declaration of completeness and submission of additional information.
(a) 
The Planning Board shall make a formal declaration of the completeness or incompleteness of an application within 14 days of its receipt and shall notify the applicant in writing within three days of such declaration.
(b) 
In lieu of the making of a declaration of completeness or incompleteness, the Planning Board may request in writing additional information other than that disclosed on the application and which is reasonably necessary for the proper review of the application, which request shall suspend the running of the fourteen-day period following the receipt of any application.
(c) 
Upon the receipt of all the additional information requested, the Planning Board shall within 14 days make a formal declaration of completeness or incompleteness of the application. The failure of the Planning Board to make a formal declaration of completeness or incompleteness or to request additional supplementary information within 14 days of the initial receipt of an application shall result in its being deemed complete.
(5) 
Notification to other parties. The applicant shall notify in writing all property owners within 200 feet that he has applied for a regulated use permit. Such notification shall be made within three days of the receipt of the declaration of completeness and shall include the name and address of the applicant, location of the proposed use, and abbreviated description of the use or activity and a statement that written objections to the application must be forwarded to the Planning Board within 30 days of the receipt of such notification.
(6) 
Site plan or major subdivision applications to be consolidated with regulated use permit applications:
(a) 
Any person who intends to apply for a regulated use permit hereunder and who further intends to apply for major subdivision approval or for site plan approval pursuant to Chapter 190, Land Use, of this Code shall consolidate all information required by the regulated use permit application to be platted form, with all tentative and final major subdivision plats and site plan plats submitted under Chapter 190.
(b) 
Where platted information has been consolidated as herein required, the Planning Board shall consider simultaneously the application for regulated use permit and the application for major subdivision approval or site plan approval.
(c) 
Where platted information has been consolidated as herein required, such consolidation shall not constitute a waiver of the requirements of any other provision of this or any other chapter, except that the Planning Board shall not be required to issue, issue with conditions, or deny a regulated use permit within 45 days as set out in Subsection G of this section but may refrain from taking any action on such regulated use permit application until final major subdivision or site plan approval is granted or denied.
(d) 
This subsection is in no way intended to excuse any applicant for major subdivision or site plan approval from any other applicable provision of Chapter 190, Land Use, of this Code, or any other provisions of law, but is solely intended to eliminate the necessity for dual plat submission.
E. 
Review and comment by interested parties.
(1) 
Completed applications shall be available in the office of the Planning Board in the Municipal Building during normal working hours for at least 10 calendar days prior to review by the Planning Board.
(2) 
Any interested party may submit written comments to the Planning Board within the thirty-day period following the date the application was declared complete.
F. 
Review by Planning Board and Township Engineer. In reviewing any regulated use permit application, the Planning Board shall consider the written comments of the Township Engineer and all written comments received from the Township Environmental Commission or other interested party within 30 days of the issuance of a declaration of completeness and shall further consider all of the following criteria as they apply to the proposed use or activity:
(1) 
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) 
The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) 
The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination, and unsanitary conditions resulting from flooding.
(4) 
The susceptibility of the proposed use to flood damage and the effects of such damage.
(5) 
The need for a waterfront location and the availability of alternate locations not subject to flooding within the applicant's property.
(6) 
The duration, rate of rise, and sediment transport of floodwaters expected at the site.
(7) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(8) 
The extent to which the water-carrying capacity of the floodway or channel would be disrupted.
(9) 
The degree to which the proposed use would serve the general public health, safety and welfare.
(10) 
The degree to which any aspect of food chain or plant, animal, fish or human life processes would be affected adversely within or beyond the proposed use area.
(11) 
Whether the proposed use provides adequate facilities for the proper handling of litter, trash, refuse and sanitary and industrial wastes.
(12) 
The degree to which the proposed activity would alter natural water flow or water temperature.
(13) 
The degree to which archaeological or historic sites and structures endangered or rare species of animals or plants or irreplaceable land types would be degraded or destroyed.
(14) 
The degree to which the natural, scenic and aesthetic values at the proposed activity site could be retained.
(15) 
The importance of the services provided by the proposed facility to the community.
(16) 
The compatibility of the proposed use with existing and anticipated development.
(17) 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area.
(18) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
G. 
Issuance, conditional issuance or denial of regulated use permit.
(1) 
The Planning Board shall, within 45 days, unless the applicant waives such action in writing or proceeds pursuant to Subsection D(6) of this section, notify the applicant in writing of the issuance, issuance with conditions or denial of a regulated use permit, and a copy of such notification shall be submitted to each party who submitted written comments on the application.
(2) 
A written notification of conditional issuance or denial shall state the reasons for such action.
(3) 
The Planning Board shall only issue a regulated use permit if, after review and consideration of the application and the written comments submitted thereon, with due regard for the criteria of Subsection F of this section, it finds that the use or activity as proposed by the applicant, or as conditioned by the Planning Board:
(a) 
Has low flood damage potential;
(b) 
Neither obstructs flood flows nor increases flood heights or velocities unduly, whether acting alone or in combination with other existing or expected uses;
(c) 
Does not degrade significantly the water-carrying capacity of any delineated floodway or channel;
(d) 
Does not increase significantly the rate of local runoff, erosion and sedimentation;
(e) 
Does not degrade significantly the quality of surface water or the quality and quantity of groundwaters;
(f) 
Does not stress unduly the environment of the floodplain;
(g) 
Does not require channel modification or relocation;
(h) 
Does not involve the storage of hazardous materials; and
(i) 
Does not require excessive fill.
H. 
Conditional issuance; permissible conditions. The Planning Board may impose such conditions on regulated uses as it deems necessary to promote and protect the public safety, health and welfare, to protect public and private property and to preserve, protect and enhance the natural environment of the floodplain and, to the maximum extent possible, existing natural features such as trees, other vegetation and the natural configuration of the land. Such conditions will include, but are not limited to, the following:
(1) 
Anchoring.
(a) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(b) 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(c) 
Specific requirements shall be that:
[1] 
Over-the-top ties be provided at each of the four corners of the manufactured/mobile home, with two additional ties per side at intermediate locations, and manufactured/mobile homes less than 50 feet long requiring one additional tie per side;
[Amended 12-22-2009 by Ord. No. O-09-36]
[2] 
Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;
[3] 
All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
[4] 
Any additions to the manufactured/mobile home be similarly anchored.
[Amended 12-22-2009 by Ord. No. O-09-36]
(2) 
Construction materials and methods.
(a) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
All new construction of substantial improvements shall be constructed by methods and practices that minimize flood damage.
(3) 
Utilities.
(a) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(b) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(c) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d) 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) 
Subdivision proposals.
(a) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(b) 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(c) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(d) 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.
(5) 
Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated one foot above the base flood elevation.
(6) 
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
(7) 
Mobile homes.
(a) 
Mobile homes shall be anchored in accordance with Subsection H(1) of this section.
(b) 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is one foot above the base flood elevation.
(8) 
Enclosure openings. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.
I. 
In areas of special flood hazard, any or all of the following measures may also be required:
(1) 
Floodproofing to include any or all of the following:
(a) 
Installation of watertight doors, bulkheads, and shutters or similar devices.
(b) 
Reinforced walls to resist water pressures.
(c) 
Use of paints, membranes, or mortars to reduce seepage of water through walls.
(d) 
Addition of weight to structures to resist flotation.
(e) 
Installation of pumps to lower water levels in structures.
(f) 
Pumping facilities, or comparable measures, for the subsurface drainage system of buildings to relieve external foundation wall and basement flood pressures.
(g) 
Construction that resists rupture or collapse caused by water pressure or floating debris.
(h) 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
(i) 
Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.
(j) 
Adequate emergency electrical power supplies.
(2) 
Imposition of operational controls, sureties, and deed restrictions.
(3) 
Requirements for construction of dikes, levees, and other protective measures.
(4) 
Installation of an adequate flood warning system on the project site.
(5) 
All fill and other earthwork must be established according to the Soil Conservation Service (Freehold District).

§ 166-9 Floodways.

Since a floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. 
If Subsection A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 166-8H and I.
C. 
Prohibit the placement of any manufactured/mobile homes, except in any existing manufactured/mobile home park or existing manufactured/mobile home subdivision.
[Amended 12-22-2009 by Ord. No. O-09-36]
D. 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.

§ 166-10 Limitations on permit.

All permits issued pursuant to these regulations shall state that the application has been reviewed only in terms of these regulations and that the permit represents neither express nor implied approval of the application under any other state or local law.

§ 166-11 Revocation of permits.

Regulated use permits issued by the Planning Board may be revoked by the Planning Board or Construction Official for any violation of these regulations or for violations of any permit conditions. Continuation of a regulated use or activity subsequent to revocation shall be deemed a violation of this chapter.

§ 166-12 Preexisting structures and uses.

Uses of land or structures which lawfully existed on or before the effective date of this chapter shall be permitted to remain subject to the following conditions:
A. 
Routine maintenance and repair of preexisting structures are permitted and do not require a regulated use permit.
B. 
No preexisting structure shall be expanded or enlarged unless a regulated use permit has been applied for and received.
C. 
If a preexisting structure is damaged by any means, including floods, to the extent that the cost of reconstruction or repair exceeds 50% of the reproduction cost, such structure shall not be reconstructed unless a regulated use permit has been applied for and received.
D. 
If a structure is substantially and lawfully under construction on or before the effective date of the regulations, then such structure may be completed without a regulated use permit.
E. 
No preexisting use shall be changed or modified so as to increase its flood damage potential, unless a regulated use permit has been applied for and received.
F. 
Sanitary landfills may be considered lawfully preexisting uses and may be permitted to expand vertically if they comply with all other applicable provisions of law but shall not be permitted to expand horizontally.

§ 166-13 Maintenance and repair of regulated uses.

A. 
Routine maintenance and repair of a structure for which a regulated use permit has been granted is permitted and shall not require additional regulated use permits. Maintenance and repair shall comply with the terms of the original permit.
B. 
If a structure for which a regulated use permit has been granted is destroyed to the extent that the cost of reproduction or repair exceeds 50% of the reproduction cost, such structure shall not be reconstructed unless a new regulated use permit has been applied for and received.

§ 166-14 Violations and penalties.

Any persons engaging in or causing other persons to engage in a use or activity prohibited by this chapter or engaging in a regulated use or activity without applying for or receiving a regulated use permit, or violating any other provision of this chapter, shall be subject, upon conviction of each and every violation, to a penalty as provided in Chapter 1, Article II, General Penalty. Each and every day that such violation continues after written notification thereof shall be considered a separate and specific violation of this chapter.

§ 166-15 Appeals.

Any person who considers himself aggrieved by any decision, action or nonaction of the Planning Board may pursue an appeal subject to the following provisions.
A. 
Flood hazard area. Where the subject property is located within a delineated flood hazard area, floodplain, channel or unmapped floodplain, an applicant who considers himself aggrieved by the decision of the Planning Board may apply within 30 days of the date the decision was rendered to the Township Committee for a plenary hearing.
(1) 
The Township Committee shall set the date for the hearing no later than 45 days after receipt for the request.
(2) 
The applicant shall be notified as to the hearing date at least 14 days prior to its being held.
(3) 
At the hearing, the aggrieved party has the burden of proof, which shall be a mere preponderance of the evidence. The aggrieved party and all interested parties shall have the right to offer evidence and call and cross-examine witnesses.
(4) 
The Township Committee may affirm, reverse or modify the decision of the Planning Board according to the standards previously set forth in this chapter and shall notify the applicant in writing of its decision on the appeal within 14 days of the date of its hearing, which notice shall set forth the specific reasons for the decision.
B. 
Application of appeal. Application of appeal under Subsection A herein shall be in writing and shall include:
(1) 
A copy of the decision;
(2) 
Wherein said decision aggrieves such persons;
(3) 
Which findings of fact (including omissions) are challenged; and
(4) 
Which conclusions of law (including those not articulated) are challenged.
C. 
Cost of plenary hearing. The costs of a plenary hearing are to be borne by the applicant, and a reasonable amount in bond may be required to be posted for the same.
D. 
Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided by Rule of Court 4:69-1.
E. 
Upon consideration of the factors of § 166-15G(4) and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. 
The Township Engineer shall maintain the records of all appeal actions including technical information, and report any variances to the Federal Insurance Administration upon request.
G. 
Variance procedure; Appeal Board.
(1) 
The Planning Board as established by the Township Committee shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2) 
The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Engineer in the enforcement or administration of this chapter.
(3) 
Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in Rule of Court 4:69-1.
(4) 
In passing upon such applications, the Planning Board, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(a) 
The danger that materials may be swept onto other lands to the injury of others;
(b) 
The danger to life and property due to flooding or erosion damage;
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) 
The importance of the services provided by the proposed facility to the community;
(e) 
The necessity to the facility of a waterfront location, where applicable;
(f) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) 
The compatibility of the proposed use with existing and anticipated development;
(h) 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(i) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(k) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
H. 
Conditions for variances.
(1) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection G(4)(a) through (k) in § 166-15 have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2) 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) 
Variances shall only be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 166-8G, or conflict with existing local laws or ordinances.
(6) 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

§ 166-16 Applicability.

This chapter shall apply to all streams and areas of special flood hazards within the jurisdiction of the Township of Freehold, Monmouth County, New Jersey.

§ 166-17 Basis for establishing areas of special flood hazard.

A. 
The areas of special flood hazard for the Township of Freehold, Community No. 340297, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(1) 
A scientific and engineering report "Flood Insurance Study, Monmouth County, New Jersey (All Jurisdictions)" dated September 25, 2009.
(2) 
Flood Insurance Rate Map for Monmouth County, New Jersey (all jurisdictions) as shown on index and panel numbers whose effective date is September 25, 2009:
34025C0140F
34025C0141F
34025C0142F
34025C0143F
34025C0144F
34025C0161F
34025C0163F
34025C0260F
34025C0266F
34025C0267F
34025C0280F
34025C0281F
34025C0282F
34025C0283F
34025C0284F
34025C0290F
34025C0291F
34025C0292F
34025C0301F
B. 
The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the Freehold Township Municipal Building, Schanck and Stillwells Corner Road, Freehold, New Jersey 07728.

§ 166-18 Penalties for noncompliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall, upon conviction or plea of guilty, result in such penalties as prescribed by § 1-3 of this Code. Nothing herein contained shall prevent the Township of Freehold from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 166-19 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 166-20 Interpretation.

In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered as minimum requirements;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.

§ 166-21 Warning and disclaimer of liability.

A. 
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
B. 
This chapter shall not create liability on the part of the Township of Freehold, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.