[Amended 5-7-1991 by Ord. No. 91-4]
All uses and activities established after the
effective date of this chapter shall comply with the following standards.
[Amended 5-7-1991 by Ord. No. 91-4]
All applications for subdivisions, site plans
and zoning permits shall include maps delineating the natural and
historic features of the site. In addition, the application shall
clearly identify the natural resource restrictions associated with
each type of resource as calculated in the tables below.
[Amended 5-7-1991 by Ord. No. 91-4]
A.
Purpose and intent.
(1)
The intent of this section is to encourage the conservation
of the valuable and environmentally sensitive natural features and
resources within the Borough, so as to prevent the long-term degradation
of the environment to the common benefit of the community; in conformance
with the purpose of the New Jersey Municipal Land Use Law (NJ-MLUL),
N.J.S.A. 40:55D-20; and in furtherance of the Environmental Zoning
Policies established in the Land Use Plan Element of the Comprehensive
Master Plan for the Borough of Glen Gardner, dated April 1989, herein
incorporated by reference. The explicit purpose of the following sections
is to promote sound development practices by limiting, restricting
and prohibiting development from areas of a site, parcel, tract or
lot that are not appropriately suited for said development activity;
and by doing so, guiding, to the greatest extent practicable, said
activities in other areas within the same site, parcel, tract or lot,
which are intrinsically suited for site disturbance and/or development
activities. This section is specifically not intended to reduce or
otherwise limit gross density as defined by the NJ-MLUL and this chapter.
(2)
Therefore, the following sections and the process
contained therein is an integral component and fundamental basis for
the planning and design of all sites, parcels, tracts and lots within
the Borough of Glen Gardner and shall be complied with unless otherwise
provided in the relief waiver section of this chapter.
B.
Applicability. The following calculations shall be
submitted with all informal sketch, preliminary and tentative plans
by a developer for all subdivisions and site plans with the exception
of those nonresidential uses proposed in the Commercial Office District
and all uses proposed in the Village Residential 1 District, unless
otherwise provided.
C.
Determination of net buildable site areas. The net
buildable site area is that portion of the site, parcel, tract or
lot that is most suited for site disturbance and development activities.
In determining the net buildable site area, the following form shall
be used:
(1)
(2)
Calculation of resource protection land. The following calculations are intended to determine the extent of the natural resources present on a site, parcel, tract or lot by utilizing the information gained in § 104-25 above, and thereby determining the amount of land area required to be undisturbed within proposed subdivisions and site plans.
(a)
In the event that two or more resources overlap,
only the resource with the highest resource protection ratio shall
be used.
(b)
Table of Natural Resource Restrictions.
|
Data Maps
|
Natural Resources
|
Minimum Required Resource Protection
Ratio
|
Acres of Land in Natural Resource
|
Resource Protection Land
(Column I x Column II)
|
|---|---|---|---|---|
|
I
|
II
|
III
| ||
|
Hydrologic surface features:
| ||||
|
Floodplains
|
1.00
|
____
|
____
| |
|
Floodplain soils
|
1.00
|
____
|
____
| |
|
Waterbodies
|
1.00
|
____
|
____
| |
|
Watercourses
|
1.00
|
____
|
____
| |
|
Wetlands
|
1.00
|
____
|
____
| |
|
Slopes:
|
.50
|
____
|
____
| |
|
10% less than 20%
|
.80
|
____
|
____
| |
|
20% less than 30%
|
1.00
|
____
|
____
| |
|
30%+
| ||||
|
Woodland associations:
| ||||
|
Floodplain
|
.90
|
____
|
____
| |
|
Meisic
|
.70
|
____
|
____
| |
|
Upland
|
.50
|
____
|
____
| |
|
Total resource protection land:
|
____ acres
| |||
(3)
Calculation for minimum open space and net buildable area. The determination of a site, tract or parcel's net buildable area is intended to be the fundamental component and key determinant in locating lots within a subdivision and structures within a nonresidential lot. For all subdivisions and site plans, the total resource protection land or minimum required open space, as determined below, shall apply to the entire site and not on a lot-by-lot basis, provided that the total allowable net buildable portion of the site, as determined in Subsection C(3)(c) below, is not exceeded.
(a)
Method I:
|
____ acres
Gross site area
|
x ____
Open space ratio from Article IV
|
= ____ acres
Minimum required open space
|
(b)
Method II:
|
Total resource protection land as determined in Subsection C(2)(b) of this chapter:
|
____ acres
|
(c)
Minimum required open space and maximum net
buildable area. The minimum required open space for all subdivisions
and site plans shall be the area as determined in Method I or II above,
whichever is greater. The following calculation is required to determine
a site, parcel or tract's net buildable area:
|
____ acres
Gross site area
|
— _____ acres
Minimum required open space
|
= _____ acres
Maximum net buildable area
|
D.
Determine maximum number of permitted dwelling units
for cluster subdivisions:
[Amended 10-7-2003 by Ord. No. 2003-9]
|
____ acres
Gross site area
|
x _____ DU/acre
Maximum permitted gross density per residential
use
|
= _____ dwelling units
Total number of permitted dwelling units (round
up if figure is equal to or greater than .5; round down if under
.5)
|
E.
Determine maximum number of permitted lots for conventional
subdivisions:
|
____ acres
Gross site area
|
x _____ acre
Minimum lot size
|
= _____ lots
Total number of permitted lots
|
F.
Maximum permitted impervious surface coverage for
all nonresidential uses. The following calculation for maximum permitted
impervious surface ratio shall be required for all nonresidential
development plans:
|
____ acres
Gross site area
|
x _____
Maximum impervious surface ratio
|
= _____ acres
Maximum lot coverage
|
[Amended 5-7-1991 by Ord. No. 91-4]
A.
General.
(1)
The natural resource restrictions, as contained herein,
shall apply to all uses.
(2)
All proposed subdivisions and site plans, either wholly or partly within resource protection lands as identified in § 104-26C(2)(b), shall be subject to the following restrictions, unless specifically exempt as provided by this section:
(a)
All proposed site plans and subdivisions the
area of which is either wholly or partly within resource protection
lands shall have an earth disturbance plan as part of the preliminary
plan submission.
(b)
Contents of an earth disturbance plan:
[1]
A metes and bounds base map.
[2]
The location, type and extent of all natural
features and resources on the site, parcel or tract.
[3]
The areas and limits of all primary and ancillary
grading and earthwork.
[4]
The delineation by conservation easement of the earth disturbance envelope(s) of the site, parcel or tract. The total land area within the conservation easement(s) shall not be less than the total required open space as determined in § 104-26C(3)(c). Said conservation easements may include open space and resource protection lands either in public or private ownership as the case may be.
[5]
A general plan note clearly indicating that
all earth disturbance is strictly limited to the areas within the
earth disturbance envelope(s) of the site, parcel or tract.
(c)
The total earth disturbance of any site, parcel or tract shall not exceed the net buildable area of that site, parcel or tract as established by § 104-26C(3)(c).
(3)
Site alterations, regrading, filling or clearing of
vegetation prior to approval of final plan by the Planning Board shall
be a violation of this chapter. However, this section shall not prohibit
any land management practices that may be necessary for the ecological
improvement of any stream, pond, lake or wetland or for forest production,
provided that all applicable permits have been obtained from the regulatory
authority with jurisdiction over such activity.
(4)
Areas with natural resource restrictions should, to
the greatest extent possible, be left undisturbed and not occupied
by structures, driveways, on-lot septic systems or other requirements.
B.
Requirements for all uses.
(1)
Floodplain and floodplain soils. All such lands shall remain as open space. No structures, filling, piping, diverting or stormwater detention basins shall be permitted in the floodplain, unless the use, activity or development occurring in the floodplain is in strict compliance with § 104-29 and all other applicable codes, ordinances and laws.
(2)
Wetlands, waterbodies and watercourses. These areas
shall remain as open space. No development, filling, piping or diverting
shall be allowed unless specifically permitted by the state or federal
agency having jurisdiction over said activity.
(3)
Steep slopes.
(a)
In areas of steep slopes, i.e., those above
10%, the following standards shall apply:
[1]
10% less than 20% slopes: No more than 50% of
such areas shall be developed and/or regraded or stripped of vegetation.
[2]
20% less than 30% slopes: No more than 20% of
such areas should be developed and/or regraded or stripped of vegetation.
[3]
30%+ slopes: No such areas shall be developed
and/or regraded or stripped of vegetation.
(b)
Application for building permits in areas of
10% slope or greater shall include the following information:
[1]
Site plan of property at a scale of one inch
equals 50 feet indicating existing grades with contour lines at two-foot
intervals and proposed grades within the area of the proposed construction;
[2]
Landscaping plan indicating proposed paved areas,
storm drainage facilities, retaining walls and ground cover, as well
as the locations of trees and ornamental shrubs;
[3]
Architectural plans, elevations and sections
of the structures and related improvements;
[4]
A statement prepared by a licensed architect,
certified landscape architect or professional engineer stating an
explanation of the methods to be used in overcoming foundation and
other structural problems created by slope conditions, in preserving
the natural watershed and in preventing soil erosion; and
[5]
A plan submitted under the seal of a licensed
professional engineer showing and certifying the following:
[a]
All existing and proposed natural
and artificial drainagecourses and other features for the control
of drainage, erosion and water;
[b]
The calculated volume of water
runoff from the slopes and from the lot in question, as unimproved;
[c]
The calculated volume of water
runoff from the slopes and from the lot in question, as improved;
[d]
The existence, location and capacity
of all natural and artificial drainage courses and facilities within
500 feet of the lot which are or will be used to carry or contain
the water runoff from the slope and the lot; and
[e]
The effect of any increased water
runoff on all adjacent properties and any other property which will
be materially affected by increased water runoff.
(c)
(d)
Exemptions. Lands qualifying under one or more
of the following provisions may, at the discretion of the Planning
Board, be exempt from the steep slope provisions of this section:
[1]
Areas of steep slopes that are less than 3,000
square feet in area.
[2]
Previously and substantially developed lots.
[3]
That portion of land directly affected by the
location of a Master Plan road or other community facility as determined
necessary by the Planning Board. Only the minimum relief required
to accomplish the municipal planning objective is subject to said
exemption.
[4]
The requirements of this section do not apply
on a lot-by-lot basis, provided that the lot or lots in question have
been the subject of a prior site plan or subdivision approval, and
further provided that all provisions of said site plan or subdivision
approval are met.
(4)
Woodland associations. In all wooded areas the following
associations shall be subject to the following restrictions when the
area of each individual association is greater than 1/4 acre:
(a)
General provisions. For all healthy trees of
a girth greater than 10 inches as measured at a point four feet above
grade, the following standards shall apply.
[1]
Live trees of girth greater than 10 inches measured
at a point four feet above grade shall not be removed in connection
with a site plan or subdivision unless specifically permitted by the
Planning Board.
[2]
No greater than 1/3 of the roots may be disturbed
by the removal of topsoil or paving, provided that a corresponding
amount of the canopy has been removed by a trained arborist.
[3]
Any filling within 35 feet of the trunk shall
require a tree well and/or aeration channels in accordance with the
standards of the American Association of Nurserymen, Inc.
(b)
Floodplain association. No more than 10% of
such areas shall be developed and/or regraded or cleared of vegetation.
The balance shall remain as open space.
(c)
Meisic association. No more than 30% of such
areas shall be developed and/or regraded or cleared of vegetation.
The maximum width of any new clearing shall not exceed 1 1/2
times the height of the canopy. The minimum width of remaining stands
of trees shall not be less than three times the height of the canopy.
The remaining 70% of the woodland shall remain as permanent open space
and shall be protected during construction from root compaction by
equipment and material.
(d)
Upland association. No more than 50% of such
area shall be developed and/or regraded or cleared of vegetation.
The minimum width of remaining stands of trees shall not be less than
three times the height of the canopy. The remaining 50% of the woodland
shall remain as permanent open space and shall be protected during
construction from root compaction by equipment and material.
(e)
Exemptions. On existing or proposed wooded lots,
exemptions to the woodlands standards may be permitted, provided that
the following provisions are met and approved by the Planning Board:
[1]
The Planning Board may, by granting a waiver, allow for tree removal when said removal will not adversely affect the intent of this section or the utility and character of the overall foliage of the parcel or lot in question. In no case shall removal of trees exceed the standards for steep slopes or woodland protection within Subsection B(3) and B(4), respectively. In addition, the provisions of this section shall not apply to a landowner who wishes to remove an individual tree not in conjunction with a site plan or subdivision.
[2]
That portion of land directly affected by the
location of a Master Plan road or other community facility as determined
necessary by the Planning Board. Only the minimum relief required
to accomplish the municipal planning objective is subject to said
exemption.
[3]
The requirements of this section do not apply
on a lot-by-lot basis, provided that the lot or lots in question have
been the subject of a prior site plan or subdivision approval, and
further provided that all provisions of said site plan or subdivision
approval are met.
(5)
Trees on wooded lots. Any clear-cutting of trees on
a wooded lot will require a woodland management plan approved by the
Planning Board. To assure compliance with this section, a permit shall
be issued by the designated Borough official prior to the actual commencement
of any regulated clear-cutting activity.
(6)
Stormwater. All developments shall limit the rate of stormwater runoff so that no greater rate of runoff is permitted than that of the site in its predevelopment conditions. The provisions for runoff calculations outlined in Article XXIII of this chapter shall apply.
(7)
Soil erosion and sedimentation. All developments shall protect watercourses and waterbodies from sedimentation damage and shall control erosion in accordance with the New Jersey statutes, except that, in addition, all developments shall submit a soil erosion and sedimentation control plan as required by Article XXIV, Soil Erosion and Sediment Control, of this chapter.
A.
Requirements for all uses.
(1)
No use shall be permitted which is noxious or offensive
in the immediate surrounding area by reason of odor, dust, smoke,
gas, vibration, illumination or noise or which constitutes a public
hazard whether by fire, explosion or otherwise. In determining whether
a proposed use is noxious, hazardous or offensive, the following standards
shall apply. The proposed operation shall not:
(a)
Constitute any nuisance whatsoever beyond the
boundary of a site on which the use is located by a reason of dissemination
of noxious, toxic or corrosive fumes, smoke, odor or dust. All fixed
equipment shall be operated by electric power, gas or other smokeless
fuel;
(b)
Result in noise or vibration exceeding the average
intensity vibration occurring from other causes at the boundary line;
(c)
Endanger surrounding areas by reason of fire
or explosion;
(d)
Produce objectionable heat, glare or radiation
beyond the property line;
(e)
Result in major electrical disturbance in nearby
residences or adversely affect the operation of equipment other than
on the property on which the disturbance is located, when such equipment
can be shown to be of good design and in proper functional condition;
(f)
Discharge any untreated sewage or industrial
waste into any stream or otherwise contribute to the pollution of
surface water or groundwater in accordance with the statutes of the
State of New Jersey and the federal government; and
(g)
Create any other objectionable condition in
an adjoining area which will endanger public health or safety or be
detrimental to the proper use of the surrounding area.
(2)
When required by the Borough, an applicant for a proposed
use shall demonstrate as a condition of approval that adequate provisions
will be made to reduce and minimize any objectionable elements to
the degree necessary to ensure that the proposed use will not be noxious,
hazardous or offensive as defined above. If required, the applicant
shall submit supplemental information, plans and impartial expert
judgments, and the Borough may require the expert advice of official
agencies or private consultants and such reasonable tests as are deemed
necessary, the costs of which shall be borne by the applicant.
(3)
Any subdivision of land or land development proposed
in which the lots are to be less than one acre in size shall be served
by a common wastewater disposal system or by sewers approved by the
New Jersey Department of Environmental Protection, which shall meet
the requirements of the approving agency having jurisdiction and shall
be owned, maintained and managed by the developer, a homeowners' association
or by a private agency licensed to construct or maintain said system.
B.
Requirements for commercial and industrial uses.
(1)
General. All activities shall be operated in such
a manner as to comply with applicable performance standards as hereinafter
set forth governing noise, smoke, particulate matter, toxic or noxious
matter, odors, fire and explosive hazards, vibration, glare or heat
for the district in which such use shall be located; and no use, already
established on the effective date of this chapter, shall be so altered
or modified as to conflict with or further conflict with such applicable
performance standards for the district in which such use is located.
(2)
Noise.
(a)
All activities shall be operated in such a manner
as to comply with all current applicable regulations of the New Jersey
Department of Environmental Protection.
(3)
Vibration. All activities shall be conducted in such
a manner as to comply with the current applicable standards for vibration
of the New Jersey Department of Environmental Protection.
(4)
Air pollution.
(a)
All activities shall be conducted in such a
manner as to comply with the current applicable standards for air
quality of the New Jersey Department of Environmental Protection.
(b)
No use shall cause, allow, permit, kindle, ignite
or maintain any bonfire, junk fire, salvage operations fire or any
other open fire on or in any public street, road or public ground
or upon any private property within the limits of the site.
(5)
Toxic or noxious matter.
(a)
Waterborne. All activities shall be conducted
in such a manner as to comply with all current applicable standards
for air quality of the New Jersey Department of Environmental Protection.
(b)
Airborne. All activities shall be conducted
in such a manner as to comply with all current applicable standards
for air quality of the New Jersey Department of Environmental Protection.
Reference shall be made to the Air Pollution Abatement Manual for
determination of toxic pollutants to be prohibited.
(6)
Odors.
(a)
There shall be no emission of odorous gases
or other odorous matter in such quantities as to be offensive at any
point on or beyond the lot boundary line within which the industrial
operation is situated. Any process which may involve the creation
or emission of any odors shall be provided with a secondary safeguard
system, in order that control will be maintained if the primary safeguard
system should fail.
(b)
All activities shall be conducted in such a
manner as to comply with all current applicable standards for odors
of the New Jersey Department of Environmental Protection.
(7)
Fire and explosion hazards.
(a)
The storage, utilization or manufacture of materials
or products ranging from incombustible to moderate burning, as determined
for liquids by a closed-cup flash point of not less than 187°
F., is permitted subject to compliance with all performance standards
for the district.
(b)
The storage, utilization or manufacture of materials
or products ranging from free or active burning to intense burning,
as determined for liquids by a closed-cup flash point of less than
187° F. but not less than 120° F., is permitted, subject to
compliance with all performance standards for the district, and provided
that the following conditions are met:
[1]
Said materials or products shall be stored,
utilized or produced within completely enclosed buildings or structures
having incombustible exterior walls which conform to the standards
of the Fire Prevention Code published by the American Insurance Association.
[2]
All such buildings or structures shall be set
back at least 75 feet from side and rear lot lines and 150 feet from
the front lot line and shall be protected throughout by an automatic
sprinkler system complying with installation standards prescribed
by the National Fire Protection Association or Factory Insurance Association;
or, if the materials, foods or products are liquids, the protection
thereof shall be in conformity with the standards prescribed by the
National Fire Protection Association or Factory Insurance Association.
(c)
The utilization in manufacturing process of
materials which produce flammable or explosive vapors or gases as
determined for liquids by a closed-cup flash point of less than 120°
F. shall be prohibited without a special permit from the Borough Engineer.
Issuance of such permit shall be guided by, but not limited to, the
following criteria:
(8)
Storage. The storage of more than 10,000 gallons of
materials or products having a closed-cup flash point less than 120°
F., including storage of finished products in the original sealed
container, is prohibited. Bulk storage of more than 500 gallons must
be in underground facilities designed to meet the standards prescribed
by the Resource Recovery Act (RCRA) amendments regulating underground
storage tanks, the National Fire Protection Association and the requirements
of the other ordinances of the Borough.
(9)
Heat and glare.
(a)
Heat. No use shall carry on an operation that
would produce an increase in ambient air temperature of more than
2° F. at the property line of the lot on which the use is situated.
(b)
Glare. No use shall carry on an operation that
would produce glare as defined below from unshielded bulbs or any
production operation, such as welding, beyond the property line of
the lot on which the use is situated. Glare shall be defined as direct
or indirect light from such activities of greater than 1/2 footcandle
at habitable levels.
(10)
Water quality and withdrawal.
(a)
All activities shall be conducted in such a
manner as to comply with all current applicable standards for water
quality of the New Jersey Department of Environmental Protection.
(b)
Emergency procedures. Where materials stored
on site could, if accidentally released, impair water quality, emergency
procedures shall be specified to prevent such spillage from entering
ground or surface waters as a part of the permit application.
A.
Purpose. The purpose of these provisions are: to 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; to implement the land use regulations of the
Federal Emergency Management Agency, U.S. Department of Housing and
Urban Development; to discourage construction and regrading in flood
hazard areas; to prevent encroachments into flood hazard areas which
would obstruct the area through which water must pass; to 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 area; and to prevent the loss of property and life, the
creation of health and safety hazards, the disruption of commercial
and governmental services, the extraordinary and unnecessary expenditure
of public funds for flood protection and relief and the impairment
of the tax base by:
(1)
Regulating uses, activities and developments which,
acting alone or in combination with other existing or future uses,
activities and developments, will cause increases in flood heights,
velocities and frequencies;
(2)
Restricting or prohibiting certain uses, activities
and developments from locating within areas subject to flooding;
(3)
Requiring all those uses, activities and developments
that do occur in flood-prone areas to be protected and/or floodproofed
against flooding and flood damage; and
(4)
Protecting individuals from buying lands and structures
which are unsuitable for intended purposes because of flood hazards.
B.
Applicability. The flood hazard design elevation shall
be determined on an individual basis based upon the floodway in flood
hazard areas as defined herein, or, in the absence of such data, estimated
from field inspection and/or historical records. The floodway and
flood hazard areas shall be delineated on the site plan. In addition,
the Borough Engineer may, upon receipt of the application, make a
verification of a floodway and flood fringe area by close inspection,
field survey or other appropriate method and cause the same to be
marked on the ground and on the site plan, notifying the owner, the
New Jersey Department of Environmental Protection, Division of Water
Resources and the Planning Board. Various agencies may be sought to
aid in delineating the flood hazard design elevation, except that
where the New Jersey Department of Environmental Protection, Division
of Water Resources or the Delaware River Basin Commission shall publish
any reports which delineate the flood hazard design elevation of a
watercourse, said report shall be the officially delineated flood
hazard area as if said report were published in this chapter.
C.
Compliance.
(1)
Any lot containing a floodway portion of a drainagecourse
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.
(2)
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.
(3)
Any regrading or improvement must be in full compliance
with the terms of this chapter and any other applicable ordinances
and regulations which apply to structures and uses with the jurisdiction
of this chapter, including the Technical Manual for Stream Encroachment
(1994) prepared by the New Jersey Department of Environmental Protection.
D.
Warning and disclaimer of liability. The degree of
flood protection sought by the provisions of this chapter is considered
reasonable for regulatory purposes and is based on acceptable engineering
methods of study. Larger floods may occur on rare occasions. Flood
heights may be increased by man-made or natural causes such as ice
jams. This chapter does not imply that areas outside the Floodplain
District or that land uses permitted within such district will be
free from flooding or flood damages. This chapter shall not create
liability on the part of the Borough or any officer or employee thereof
for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made thereunder.
E.
Establishment of the Floodplain Zoning District.
(1)
Description of District.
(a)
Basis of District. The Floodplain District shall
include areas subject to inundation by water of the one-hundred-year
flood. The basis for the delineation of this district shall be the
flood hazard area identified by Flood Insurance Rate Maps and Flood
Boundary - Floodway Maps which are hereby adopted by reference and
declared to be a part of this chapter. For the purposes of this chapter,
the following nomenclature is used in referring to the various kinds
of floodplain areas:
[1]
The FW (Floodway Area) is delineated for the
purposes of this chapter using the criteria that a certain area within
the floodplain must be capable of carrying the waters of the one-hundred-year
flood without increasing the water surface elevation of that flood
more than 0.2 foot at any point.
[2]
The FF (Flood Fringe Area) shall be that area
of the one-hundred-year floodplain not included in the Floodway. The
basis for the outermost boundary of this district shall be the one-hundred-year-flood
elevations.
[3]
The FA (Approximated Floodplain) shall be that area of the one-hundred-year floodplain for which no detailed flood profiles or elevations are provided. In determining the one-hundred-year flood elevations, the applicant for a proposed development shall utilize appropriate techniques as discussed in Subsection E(1)(b) below.
(b)
In areas of the Borough where no detailed flood
profiles or elevations have been provided by the Department of Environmental
Protection, the Floodplain District shall be generalized to include
the Approximated Floodplain (FA) and land areas which contain soil
characteristics clearly indicative of flooding conditions, hereinafter
referred to as "floodplain soils." In these undesignated areas, the
floodplain soils shall be subject to the Floodplain District regulations
contained herein. The floodplain soils shall include any one or combination
of the following soil classifications as defined in the Soil Survey
of Hunterdon County, New Jersey, prepared by the U.S. Soil Conservation
Service:
(c)
Where the specific one-hundred-year-flood elevation
has not been detailed, the floodplain soils shall govern unless the
applicant for the proposed use, development and/or activity determines
this elevation in accordance with hydrologic and hydraulic engineering
techniques. Hydrologic and hydraulic analysis shall be undertaken
at the expense of the applicant by professional engineers or others
of demonstrated qualifications, who shall certify that the methods
used correctly reflect currently accepted technical concepts. Soil
mapping may be verified by the applicant by on-site testing. Studies,
analysis, computation, etc., shall be submitted in sufficient detail
to allow a thorough technical review by the Borough Engineer.
(2)
Overlay concept.
(a)
The Floodplain District described above shall
be an overlay to the existing underlying districts, and the provisions
for the Floodplain District shall serve as a supplement to the underlying
district provisions.
(b)
Where there happens to be any conflict between
the provision or requirements of the Floodplain District and those
of any underlying districts, the more restrictive provisions shall
apply.
(c)
In the event that any provision concerning the
Floodplain District is declared inapplicable as a result of any legislative
or administrative actions or judicial decisions, the basic underlying
district provisions shall remain applicable.
F.
District boundary changes. The delineation of the
Floodplain District may be revised by the municipality where natural
or man-made changes have occurred and/or more detailed studies conducted
or undertaken by the United States Army Corps of Engineers, a River
Basin Commission or other qualified agency or individual. However,
prior to any such change, approval must be obtained from the Federal
Emergency Management Agency.
G.
Interpretation of district boundaries. Initial interpretations
of the boundaries of the Floodplain District shall be made by the
Zoning Officer. Should a dispute arise concerning the boundaries of
the district, the Borough Planning Board shall make the necessary
determination. The person questioning or contesting the location of
the district boundary shall be given a reasonable opportunity to present
his or her case to the Planning Board and to submit his or her own
technical evidence if he or she so desires.
H.
Floodplain District provisions.
(1)
General provisions.
(a)
All uses, activities and developments occurring
within the Floodplain District shall be undertaken only in strict
compliance with the provisions of this chapter and with all other
applicable codes and ordinances, such as the Municipal Building Code.[1] In addition, all such uses, activities and the developments
shall be undertaken only in compliance with federal or state law,
including Section 404 of the Federal Water Pollution Control Act,
Amendments of 1972, 33 U.S.C. § 1334.
(b)
Under no circumstances shall any use, activity
and/or development lower the capacity of the channels or floodways
of any watercourse, drainage ditch or any other drainage facility.
(c)
Prior to any proposed alteration or relocation
of any stream, watercourse, etc., within the Borough, a permit shall
be obtained from the New Jersey Department of Environmental Protection.
(d)
Further, notification of the proposal by the
municipality shall be given to all affected adjacent municipalities.
Copies of such notification shall be forwarded to the Federal Emergency
Management Agency.
(e)
In the Floodplain District, no development shall
be permitted except where any rise in flood heights caused by the
proposed development will be fully offset by accompanying improvements
which have been approved by all appropriate local, state and federal
authorities as required above.
(f)
(g)
All new public sanitary sewer facilities shall
be designed to minimize or eliminate infiltration of floodwaters into
systems and discharges from the systems into the floodwaters. They
should be located and constructed to minimize or eliminate flood damage
and impact. In addition, all new water facilities shall be located
and constructed to minimize the chance of impairment during a flood.
(h)
All utilities such as gas lines, electrical
and telephone systems being placed in the floodplain should be located,
elevated (where possible) and constructed to minimize the chance of
impairment during a flood. Adequate drainage shall be provided to
reduce exposure to flood hazards.
(i)
Structure anchoring. Any structure placed in
the floodplain shall be anchored firmly to prevent flotation, collapse
or lateral movement. The Zoning Officer shall require the applicant
to submit the written opinion of a licensed engineer that the proposed
structural design meets this criterion.
(j)
Private sewage treatment and/or disposal system.
No part of any private sewage treatment and/or disposal system related
to the treatment and production of sewage effluent shall be constructed
within the floodplain.
(k)
Storage of materials. No materials that can
float, that are explosive or that are toxic to humans, animals or
vegetation shall be stored in the floodplain. Any new or substantially
improved structure which will be used for the production or storage
of any of the following dangerous materials or substances or which
will be used for any activity requiring the maintenance of a supply
(more than 550 gallons or other comparable volume or any amount of
radioactive substances) of any of the dangerous materials or substances,
including but not limited to the following, on the premises, shall
not be permitted in the floodplain:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (fuel, oil,
etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulfur and sulfur products.
[17]
Pesticides, insecticides, fungicides,
herbicides, etc.
[18]
Radioactive substances.
(2)
Permitted uses. In the Floodplain District, the following
uses and activities are permitted, provided that they are in compliance
with the provisions of the underlying district and are not prohibited
by any other ordinance provision, and provided that they do not require
structures, fill or storage of materials and equipment.
(a)
Agricultural uses, such as general farming,
pasture, grazing, outdoor plant nurseries, horticulture, viticulture,
forestry, sod farming and wild crop harvesting.
(b)
Public and private recreational uses and activities,
such as parks, day camps, picnic grounds, golf courses, archery ranges,
tennis courts, drive-in motion picture theaters, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries and hunting and fishing areas.
(c)
Accessory residential uses, such as lawns, gardens,
landscaping, fences, play areas and pervious parking areas.
(d)
Accessory commercial uses, such as yard areas,
pervious parking and loading areas.
(3)
Expansion of existing buildings or structures. When permitted as a variance by the Board of Adjustment, any building or structure, with the exception of those listed in Subsection H(1)(f), located within the floodplain at the time of enactment of the chapter may be altered or extended, provided that:
(a)
The alteration or expansion conforms with all
applicable regulations of this chapter.
(b)
The alteration does not constitute a substantial
improvement (50% or more of the structure's market value).
(c)
Any increase in volume or area shall not exceed
an aggregate of more than 25% of such volume or area during the life
of the structure.
(d)
No alterations to individual or community sewage
systems, either wholly or partially in the floodplain, shall be permitted
without the written approval of the Hunterdon County Board of Health
or other appropriate state or county officials.
I.
Variances; additional factors to be considered. In
passing upon applications for variances, the Zoning Board of Adjustment
shall consider all relevant factors and procedures specified in other
sections of the zoning provisions of this chapter and the following:
(1)
The danger to life and property due to increased flood
heights or velocities caused by encroachments. No variance shall be
granted for any proposed use, activity or development that will cause
any increase in flood levels in the Floodplain District.
(2)
The danger that materials may be swept on to other
lands or downstream to injure others.
(3)
The proposed water supply and sanitation systems and
the ability of these systems to prevent disease, contamination and
unsanitary conditions.
(4)
The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage on the individual
owners.
(5)
The importance of services provided by the proposed
facility to the community.
(6)
The requirements of the facility for a waterfront
location.
(7)
The availability of alternative locations not subject
to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing
development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive
Master Plan and floodplain management program for the area.
(10)
The safety of access to the property by ordinary
and emergency vehicles in times of flood.
(11)
The expected heights, velocity, duration, rate
of rise and sediment transport of the floodwater at the site.
(12)
The Zoning Board of Adjustment may refer any
application and accompanying documentation pertaining to any request
for a variance to any qualified engineer, person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities and the adequacy of the plans for the protection
and other related matters.
(13)
Variances shall only be issued after the Zoning
Board of Adjustment has determined that the granting of such will
not result in:
J.
Elevation and floodproofing requirements. In any case
where development is allowed within the one-hundred-year floodplain,
the following conditions shall be met:
(1)
Residential structures. Within the Floodplain District
area, the lowest floor, including the basement, of any new or substantially
improved residential structure, shall be at least 1 1/2 feet
above the one-hundred-year flood elevation. The structure shall be
anchored to prevent collapse, flotation and lateral movement.
(2)
Nonresidential structures. Within the Floodplain District
area, the lowest floor, including any basement or storage area, shall
be at least 1 1/2 feet above the one-hundred-year flood elevation
or be designed and constructed so that the space enclosed by such
structure shall remain completely dry during any flood up to that
height. As approved by the Zoning Board of Adjustment, said space
may be designed and constructed so that the space enclosed by such
structure shall remain essentially dry during any flood up to said
height. In addition, the structure shall be anchored to prevent collapse,
flotation and lateral movement.
(3)
Plans for all proposed buildings, structures and other
improvements, drawn at a suitable scale, showing the following:
(a)
The proposed lowest floor elevation for any
proposed building based upon National Geodetic Vertical Datum of 1929;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths,
pressures, velocities, impact and uplift forces and other factors
associated with the one-hundred-year flood; and
(d)
Detailed information concerning any proposed
floodproofing measures.
(4)
The following data and documentation shall accompany
the plans:
(a)
A document, certified by a licensed engineer
or architect, which states that the proposed construction or development
has been adequately designed to withstand the one-hundred-year flood
elevations, pressures, velocities, impact and uplift forces associated
with the one-hundred-year flood. Such statement shall include a description
of the type and extent of floodproofing measures which have been incorporated
into the design of the structure and/or development.
K.
Administration. A zoning permit shall be required
for all construction and development which includes but is not limited
to paving, filling, grading, excavation, mining, dredging, drilling
operations, et cetera.
