[Ord. No. 2001-015 § 1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 2-79, 14-80 and 7-87. For Flood Insurance Rate Map and Flood Boundary and Floodway Map, see Appendix III included as attachments to this chapter.
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1,
et seq., and N.J.S.A. 58:16A-1, et seq., delegated the responsibility
to local governmental units to adopt regulations designed to promote
and protect the public health, safety, and general welfare, including
regulations relating to the use of land in flood-prone areas. Therefore,
the Township Committee of the Township of Chatham, Morris County,
New Jersey, does hereby ordain and amend Article 10 of Chapter XXX
of the "Revised General Ordinances of the Township of Chatham, 1995."
[Ord. No. 2001-015 § 1]
a.
The flood hazard areas of the Township 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, damage uses in other areas.
Uses that are inadequately floodproofed, elevated or otherwise protected
from flood damage also contribute to the flood loss.
c.
The Federal Insurance Administration has identified areas of special
flood hazard within the Township, for purposes of the National Flood
Insurance Program, on maps, hereinafter identified and incorporated
in this article.
[Ord. No. 2001-015 § 1]
It is the purpose of this article 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 and 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 insure 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.
[Ord. No. 2001-015 § 1]
In order to accomplish its purposes, this article 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 flood plains, 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.
[Ord. No. 2001-015 § 1]
Unless specifically defined below or in Article 2, Definitions,
of this chapter, words or phrases used in this article shall be interpreted
so as to give them the meaning they have in common usage and to give
this article its most reasonable application.
Shall mean a request for a review of the Construction Official's
interpretation of any provision of this article or a request for an
exception.
Shall mean a designated AO or AH Zone on a community's Flood
Insurance Rate Map ("FIRM") with a 1% 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.
Shall mean the land in the flood plain within a community
subject to a 1% or greater chance of flooding in any given year.
Shall mean the flood having a 1% chance of being equaled
or exceeded in any given year.
Shall mean any area of the building having its floor subgrade
(below ground level) on all sides.
Shall mean 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.
Shall mean a watercourse with definite bed and banks which
confine and conduct continuously or intermittently flowing water.
Shall mean 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, clearing or
drilling operations, or storage of equipment or materials located
within the area of special flood hazard.
Shall mean a nonbasement building (i) 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 (ii) 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.
Shall mean a grant of relief by the Planning Board from the
requirements of this article which permits construction in a manner
that would otherwise be prohibited by this article.
Shall mean the portion of the flood hazard area not delineated
as floodway.
Shall mean the floodway and the flood fringe area as determined
by the New Jersey Department of Environmental Protection pursuant
to § 3 of the New Jersey Flood Hazard Area Control Act, N.J.S.A.
58:161.52.
Shall mean 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.
Shall mean the official report provided in which the Federal
Insurance Administration has provided flood profiles, as well as the
Flood Insurance Rate Map and the water surface elevation of the base
flood.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from:
Shall mean the relatively flat area of land which has been
or may be hereafter covered by flooding.
Shall mean zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as a flood
plain 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.
Shall mean 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.
Shall mean the highest natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
Shall mean any structure that is:
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;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district preliminarily determined by the Secretary to qualify
as a registered historic district;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Shall mean the lowest floor of the lowest enclosed area (including
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 as to render the structure
in violation of other applicable nonelevation design requirements.
Shall mean 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.
For floodplain management purposes, the term manufactured home also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 days. The term "manufactured
home" does not include a "recreational vehicle".
Shall mean a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Shall mean 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.
Shall mean 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.
Shall mean a vehicle which is [i] built on a single chassis;
[ii] 400 square feet or less when measured at the longest horizontal
projections; [iii] designed to be self-propelled or permanently towable
by a light duty truck; and [iv] designed primarily not for use as
a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use.
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.
Shall mean any body, either natural or man-made, constantly
or intermittently flowing water, whether designated as a stream, brook,
rill or otherwise and consisting of bed, banks and watercourses.
Shall mean a walled and roofed building, a manufactured home,
or a gas or liquid storage tank, that is principally above ground.
Shall mean 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.
Shall mean 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:
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
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
Shall mean the governing body of the Township of Chatham.
[Ord. No. 2001-015 § 1]
This article shall apply to all areas of special flood hazards
within the jurisdiction of the Township.
[Ord. No. 2001-015 § 1]
The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled
"The Flood Insurance Study for the Township of Chatham," dated July
19, 2001, with accompanying Flood Insurance Rate Maps is hereby adopted
by reference and declared to be a part of this article. The Flood
Insurance Study is on file in the office of the Township Clerk at
the Township Municipal Building, 58 Meyersville Road, Chatham, New
Jersey 07928.
[Ord. No. 2001-015 § 1]
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of this article and other applicable regulations. Violation of the
provisions of this article by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person
who violates this article or fails to comply with any of its requirements
shall upon conviction thereof be fined not more than $500 or imprisoned
for not more than 90 days, or both, for each violation, together with
payment of all costs and expenses involved in the case, provided,
however, that any offense which constitutes a violation of the New
Jersey Flood Hazard Area Control Act, N.J.S.A. 58:16A-50, et seq.,
shall be punishable by the fines imposed by N.J.S.A. 58:16A-63, which
provides a maximum fine of $2,500 per offense to be collected by the
New Jersey Department of Environmental Protection in an action commenced
pursuant to such statute. Nothing herein contained shall prevent the
Township from taking such other lawful action as is necessary to prevent
or remedy any violation.
[Ord. No. 2001-015 § 1]
This article is not intended to repeal, abrogate or impair any
existing easements, covenants, or deed restrictions. In the event
that the provisions of this article and any other ordinance, easement,
covenant or deed restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
[Ord. No. 2001-015 § 1]
In the interpretation and application of this article, all provisions
shall be:
[Ord. No. 2001-015 § 1]
The degree of flood protection required by this article 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 article does not imply that land outside the area of special
flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This article shall not create liability
on the part of the Township, any officer or employee thereof or the
Federal Insurance Administration, for any flood damages that result
from reliance on this article or any administrative decision lawfully
made thereunder.
[Ord. No. 2001-015 § 1]
a.
As to any lot which is wholly or partially within any area of special flood hazard established in § 30-119, a development permit shall be obtained pursuant to this article prior to any of the following:
b.
Application for a development permit shall be made on forms furnished
by the Construction Official of the Township, Township Municipal Building,
58 Meyersville Road, Township of Chatham. Documents required to be
submitted with said application may include, but not be limited to:
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, drainage facilities, and the location
of the foregoing.
Specifically, the following information is required:
1.
Elevation in relation to mean sea level of the lowest floor (including
basement) of all structures;
2.
Elevation in relation to mean sea level to which any structure has
been floodproofed.
3.
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Subsection 30-129b; and
4.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
[Ord. No. 2001-015 § 1; Ord No. 2004-013§ 1]
a.
The Planning Board and the Board of Adjustment of the Township of
Chatham, as the case may be, are hereby appointed to administer and
implement this article by granting or denying development permit applications
in accordance with its provisions for all applications relating to
subdivision or site plan approval or both.
b.
The Township Engineer of the Township of Chatham is hereby appointed
to administer and implement this article by granting or denying development
permit applications in accordance with its provisions for all applications
that involve lot grading plans, except for those under the jurisdiction
of the Planning Board or the Board of Adjustment.
c.
The Construction Official of the Township of Chatham is hereby appointed
to administer and implement this article by granting or denying development
permit applications in accordance with its provisions for all applications
not under the jurisdiction of the Planning Board, Board of Adjustment
or the Township Engineer.
[Ord. No. 2001-015 § 1; Ord. No. 2004-013 § 1]
The duties of the Planning Board, Township Engineer and Construction Official, as designated in § 30-125 above, shall include, but not be limited to:
a.
Review of Applications for Development Permits.
1.
Review all applications for development permits to determine that
the requirements of this article have been satisfied.
2.
Review all applications for development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required, provided that conditional approvals may be granted in accordance with the provisions of § 30-134.
b.
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data have not been provided in accordance with § 30-119, Basis for Establishing the Areas of Special Flood Hazard, the Planning Board, Township Engineer, Construction Official, as the case may be, 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 §§ 30-129a, Specific Standards, Residential Construction and 30-129b2 Specific Standards, Nonresidential Construction.
c.
Information to be Obtained and Maintained.
1.
Obtain 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.
3.
Maintain for public inspection all records pertaining to the provisions
of this article.
d.
Alteration of Watercourses.
1.
Notify adjacent communities and the New Jersey Department of Environmental
Protection prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration.
2.
Require that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is
not diminished.
e.
Interpretation of FIRM Boundaries. 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 a mapped boundary and actual filed conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 30-127, Exceptions.
[Ord. No. 2001-015 § 1; Ord. No. 2004-013 § 1]
a.
Appeal Board.
1.
The Township Committee of the Township of Chatham shall hear and
decide appeals and requests for exceptions from the requirements of
this article.
2.
The Township Committee shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made
by the Planning Board, Township Engineer or Construction Official
in the enforcement or administration of this article.
3.
Those aggrieved by the decision of the Township Committee or any
taxpayer may appeal such decision to the Superior Court of New Jersey,
as provided in by law.
4.
In passing upon such applications, the Township Committee shall consider
all technical evaluations, all relevant factors, standards specified
in other sections of this article, 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.
5.
Upon reconsideration of the factors of Subsection 30-127a4 and the purposes of this article, the Township Committee may attach such conditions to the granting of exceptions as it deems necessary to further the purposes of this article.
6.
The Planning Board, Township Engineer and Construction Official,
as the case may be, shall maintain the records of all appeal actions,
including technical information, and report any variances to the Federal
Insurance Administration upon request.
b.
Conditions For Exceptions.
1.
Generally, exceptions 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 (a) - (k) in § 30-127a4 have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the exception increases.
2.
Exceptions 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 a historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
3.
Exceptions shall not be issued within any designated floodway if
any increase in flood levels during the base flood discharge would
result.
4.
Exceptions shall only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
5.
Exceptions shall only be issued upon:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the exception would result
in exceptional hardship to the applicant; and
(c)
A determination that the granting of an exception 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 § 30-127a4, or conflict with existing local laws or ordinances.
6.
Any applicant to whom an exception 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.
[Ord. No. 2001-015 § 1]
In all areas of special flood hazards, the following standards
are required:
a.
Anchoring.
1.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse, or lateral movement of the structure.
2.
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.
b.
Construction Materials and Methods.
c.
Utilities.
1.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system;
2.
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters;
3.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
4.
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.
d.
Subdivision Proposals.
1.
All subdivision proposals shall be consistent with the need to minimize
flood damage;
2.
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage;
3.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and,
4.
Base flood elevation data shall be provided for subdivision proposals
and other proposed development which contain at least 50 lots or five
acres (whichever is less).
e.
Enclosure Openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for parking of vehicles, building access or storage in an area
other than a basement and which 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.
[Ord. No. 2001-015 § 1]
In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 30-119, Basis for Establishing the Areas of Special Flood Hazard or in § 30-126b, Use of Other Base Flood and Floodway Data, the following standards are required:
a.
Residential Construction.
1.
New construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated to at least
one foot above the base flood elevation;
2.
Require within any AO Zone on the municipality's FIRM that all new
construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated above the
highest adjacent grade at least as high as the depth number specified
in feet (at least two feet if no depth number is specified); and require
adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
b.
Nonresidential Construction.
1.
New construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest floor,
including basement, elevated to at least one foot above the base flood
elevation; or
2.
Require within any AO Zone on the municipality's FIRM that all new
construction and substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest floor,
including basement, elevated above the highest adjacent grade at least
as high as the depth number specified in feet (at least two feet if
no depth number is specified); and require adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures; or
3.
Be floodproofed so that below the base flood level the structure
is watertight with walls substantially impermeable to the passage
of water;
4.
Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy; and
5.
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. Such certification shall be provided to the Construction Official as set forth in § 30-124.
c.
Manufactured Homes.
[Ord. No. 2001-015 § 1]
Located within areas of special flood hazard established in § 30-119 are areas designated as floodways. Since the 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 encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge.
c.
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.
[Ord. No. 2-79 § 1018; Ord. No. 14-80 § 1]
Notwithstanding the provisions of this article, the following
New Jersey statutory provisions shall apply to applications for Development
Permits:
a.
No structure or alteration within an area which would be inundated
by the 100-year design flood of any nondelineated stream shall be
made, rebuilt or renewed by any person without the approval of the
New Jersey Department of Environmental Protection and without complying
with such conditions as the Department may prescribe for reserving
such area and providing for the flow of water therein to safeguard
the public against danger from waters impounded or affected by such
structure or alteration.
b.
No application for development as defined in the Municipal Land Use
Law, N.J.S. 40:55D-1, et seq., for a structure within an area which
would be inundated by the 100-year design flood of any nondelineated
stream or for a change in land use within a delineated floodway or
any State-administered and delineated flood fringe area, when such
change would require Departmental approval, may be granted by any
municipality to any person without application to and approval by
the New Jersey Department of Environmental Protection pursuant to
the Flood Hazard Area Control Act, N.J.S. 58:16A-50, et seq.
[Ord. No. 2-79 § 1019; Ord. No. 14-80 § 1]
The Planning Board shall grant or deny a Development Permit
within 45 days of the submission of a complete application to the
Board Manager of the Planning Board or within such further time as
may be consented to by the applicant, provided, however, that whenever
a Development Permit is requested for purposes of a subdivision, site
plan or conditional use approval the Planning Board shall grant or
deny a Development Permit within 95 days or within such further time
as may be consented to by the applicant.
[Ord. No. 2-79 § 1020; Ord. No. 14-80 § 1]
The Planning Board shall hold a hearing on each application
for a Development Permit requested for purposes of a major subdivision,
site plan or conditional use approval.
[Ord. No. 2-79 § 1021; Ord. No. 14-80 § 1]
In the event that the project, development or work proposed by the applicant for a Development Permit requires approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided, however, that the Planning Board shall make a decision on any application for a Development Permit within the time period provided in § 30-132 or within an extension of such period as has been agreed to by the applicant unless the Planning Board is prevented or relieved from so acting by operation of law.
[Ord. No. 2-79 § 1022; Ord. No. 14-80 § 1]
Any interested person may take an appeal to the Township Committee
with respect to:
c.
Any final decision of the Planning Board on any application for a
Development Permit.
Any such appeal shall be made and acted upon in accordance with the provisions of §§ 30-13 through 30-13.6.
This right of appeal shall not restrict the right of any interested
person to obtain a review by any court of competent jurisdiction according
to law.
[Ord. No. 2-79 1023; Ord. No. 14-80§ 1]
The following schedule of fees is hereby established for applications
for Development Permits:
|
Purpose for Which Development Permit Is Sought
|
Fee
|
|---|---|
|
To obtain a construction permit for a new single-family dwelling
or a construction permit for the alteration of an existing single-family
dwelling
|
$50
|
|
To obtain minor subdivision approval
|
$50, plus $25 for each proposed lot
|
|
To obtain major subdivision approval
|
$100, plus $25 for each proposed lot
|
|
To obtain site plan or conditional use approval
|
$250
|
|
For any other purpose
|
$50, plus $10 per acre of land subject of the proposed activity
|
Fees shall be paid as provided in Subsection 30-17.8.
