A.
It is hereby found that certain streams, creeks and
waterways of the Township are subject to recurring flooding, that
such flooding damages and endangers life and public and private property
and facilities, that this condition is aggravated by developments
and encroachments in the floodplain and that the most appropriate
method of alleviating such condition is through regulation of such
developments and encroachments. It is therefore determined that the
special and paramount public interest in the floodplain justifies
the regulation of property located therein as provided in this chapter,
which is in the exercise of the regulatory power of the Township,
for the protection of the persons and property of its inhabitants
and for the preservation of the public health, safety and general
welfare.
B.
The intent of this article shall be to protect areas
of floodplain subject to and necessary for the containment of floodwaters
and to permit and encourage the retention of open space land uses
which will be so located and utilized as to constitute a harmonious
and appropriate aspect of the continuing physical development of the
Township.
The specific objectives of this article are:
A.
To combine with present zoning requirements certain
restrictions made necessary for flood-prone areas to promote the general
health, welfare and safety of the Township.
B.
To prevent the erection of structures in areas unfit
for human usage by reason of danger from flooding.
C.
To minimize danger to public health by protecting
the quality and quantity of surface and subsurface water supplies
adjacent to and underlying flood hazard areas and promoting safe and
sanitary drainage.
D.
To permit only those uses which can be appropriately
located in the floodplain, as herein defined, and which will not impede
the flow or storage of floodwaters or otherwise cause danger to life
and property at, above or below their locations along the floodplains.
E.
To provide sufficient drainage courses to carry abnormal
flows or stormwater in periods of heavy precipitation.
F.
To reduce the financial burdens imposed on the community,
its governmental units and its individuals by frequent and periodic
floods and overflow of lands.
G.
To protect adjacent landowners and those both upstream
and downstream from damages resulting from development within a floodplain
and the consequent obstruction or increase in flow of floodwaters.
H.
To protect the entire Township from individual uses
of land which may have an effect upon subsequent expenditures for
public works and disaster relief and adversely affect the economic
well-being of the Township.
I.
To maintain undisturbed the ecological balance between
those natural systems elements, including wildlife, vegetation and
marine life, dependent upon watercourses and water areas.
J.
To protect other municipalities within the same watershed
from the impact of improper development and the consequent increased
potential for flooding.
K.
To provide areas for the temporary natural storage
of floodwaters.
L.
To require that uses vulnerable to floods, including
public facilities, be constructed so as to be protected from flood
damage in accordance with the purpose and requirements of the National
Flood Insurance Program, P.L. 93-234.
A.
This section consists of this text and the floodplain
map prepared by the Township as to the delineation of floodplains.
Such map is on file in the office of the Township Clerk and is incorporated
in this section by reference as though fully set forth in this text.
However, the Planning Board Engineer may modify the one-hundred-year
storm criteria based on specific circumstances.
B.
All other streams and waterways in the Township not
included above are deemed to be floodplains. Twenty feet on both sides
of streams, as measured from the center line of streams, are presumed
to be floodplains in the absence of proof to the contrary.
C.
This section shall also consist of any and all reports,
maps, revisions and amendments of these texts as may be prepared from
time to time, provided that such additional documents are in agreement
with the Planning Board Engineer, Corps of Engineers, Soil Conservation
Service or any agency of the United States government authorized to
define floodplain criteria.
D.
In cases of doubt, uncertainty or a dispute as to
the exact limits of the floodplain, the floodway or flood hazard area
in a proposed development, the applicant's engineer shall submit all
of the appropriate floodplain data, topography, hydrology, hydrolics
and any other information required by the Planning Board. After receipt
of the complete data, the Planning Board Engineer, upon the application
and with the consent of the landowner, shall determine the precise
location of a floodplain, floodway or flood hazard area limit by close
inspection, field survey or other appropriate method and cause the
same to be marked on the ground, notifying the landowner, the Building
Inspector and the Planning Board of the results thereof. The cost
of such engineering shall be borne by the applicant.
A.
The FP Floodplain Conservation District shall be deemed
an overlay on any zoning district now or hereafter applicable to any
lot.
B.
Should this district be declared inapplicable to any
tract, the zoning applicable to such lot shall be deemed to be the
district in which it is located without consideration of this article.
In appropriate cases, the center line of the streams shall be the
district boundary line.
C.
Should the zoning of any parcel, or any part hereof,
in which this district is located be changed through any legislative
or administrative actions or judicial decision, such change shall
have no effect on this district unless such change was included as
part of the original application.[1]
[1]
Editor's Note: Former Subsection D, regarding
lands in the floodplain not being used to calculate the allowable
number of units in a project, which immediately followed this subsection,
was repealed 7-23-2003 by Ord. No. 8-2003.
The following uses shall not be permitted in
the FP Floodplain Conservation District, unless permitted by the Planning
Board upon the submission of acceptable proofs:
A.
All freestanding structures and buildings and retaining
walls, with the exception of flood retention dams, culverts and bridges
as approved by the New Jersey Department of Environmental Protection.
B.
The filling of or removal of topsoil from all floodplain
lands, except as approved under the provisions of this article.
C.
The relocation of any watercourse without approval
by the Planning Board, the Soil Conservation Service of the United
States Department of Agriculture and the New Jersey Department of
Environmental Protection.
D.
Sanitary landfills, dumps, junkyards, outdoor storage
of vehicles and materials.
E.
On-site sewage disposal systems.
F.
Private water supply wells for potable purposes.
The following uses and no others are permitted
in the FP Floodplain Conservation District:
A.
Cultivation and harvesting of crops according to recognized
soil conservation practices.
B.
Pasture and grazing of animals.
C.
Outdoor plant nursery or orchard.
D.
Wildlife sanctuary, woodland preserve, arboretum and
passive recreation or parks, including hiking, bicycle and bridle
trails, but not including facilities subject to damage by flooding.
E.
Game farms, fish hatchery or hunting and fishing reserve
for the protection and propagation of wildlife, but not permitting
any structures.
F.
Forestry, lumbering and reforestation according to
recognized natural resources conservation practices.
G.
Residential front, side and/or rear yards and uses
customarily incidental thereto, except that no structures or dwellings
shall be permitted within 100 feet of the floodplain, except as permitted
by the Planning Board upon submittal of acceptable proofs. Inclusions
of floodplain lands within the residential lots in order to meet minimum
lot area or yard requirements is contingent upon complying with the
objectives and standards set forth in the declaration of legislative
intent of this article and with any other pertinent Township regulations.
If such compliance cannot be shown, the land area within this district
shall not be included for purposes of determining lot areas or yard
requirements.
H.
Normal accessory uses permitted under the applicable
zoning district and as further restricted by the standards set forth
in this article.
I.
Recreational uses, whether open to the public or restricted
to private use, such as parks, camps, picnic areas, fishing areas
and sport or boating clubs, not to include enclosed structures, except
floodproof toilet facilities, but permitting piers, docks, floats
or unenclosed shelters usually found in developed outdoor recreational
areas. Any floodproof toilet facilities provided shall be connected
to public water and sewerage systems.
J.
Sewage treatment plant, outlet installations for sewage
treatment plants and sewage pumping stations with the approval of
the Planning Board Engineer, appropriate sewer authorities and the
New Jersey Department of Environmental Protection when accompanied
by documentation as to the necessity for locating within the boundaries
of this district.
K.
Dams, culverts and bridges with the approval of appropriate
authorities with jurisdiction, such as the Department of Environmental
Protection.
L.
Sanitary or storm sewers and impoundment basins, with
the approval of the Planning Board Engineer and the New Jersey Department
of Environmental Protection.
M.
Utility transmission lines.
N.
Roads, driveways and parking facilities.
O.
Grading or regrading of lands, including the deposit
of topsoil and the grading thereof. The application for such a use
shall be accompanied by the following:
(1)
Detailed engineering studies indicating the effects
on drainage and streams on all adjacent properties as well as the
property in question, including the necessary data to determine whether
the boundaries of this district would be affected if the application
were granted.
(2)
An application for amending the boundaries of this
district if the boundaries are affected by the grading or regrading
of land.
(3)
A plan indicating the deposition of any fill or materials
proposed to be deposited by the grading or regrading of land. Such
fill or other materials shall be protected against erosion by rip
rap, vegetative cover or bulkheading.
For any use of land in the FP Floodplain Conservation
District, except uses existing as of the date of the enactment of
this article, June 25, 1979, an application for a floodplain permit
shall be as follows:
B.
In addition to the information required in the above
noted procedures, the applicant shall also furnish a plan certified
by a registered professional engineer showing the following data:
(1)
Contour lines at intervals of not more than two feet.
(2)
Exact size, shape, location and elevation of existing
and proposed buildings and structures.
(3)
Floodplain, floodway and flood hazard area limits
and development therein.
(4)
Channel or stream.
(5)
Proposed fill limits, regrading and elevations.
(6)
Floodproofing measures.
(7)
Exact dimensions and acreage of each lot or plot to
be built upon or otherwise used.
(8)
The location, layout and elevation of existing and
proposed parking areas.
(9)
Driveway drainage.
(10)
Sewer and water facilities and connections.
(11)
Plantings, seedings and signs.
(12)
Such other information as shall be reasonably
required for an evaluation of the effect of the development upon flood
control.
C.
The following additional information may be deemed
necessary by the Planning Board or Planning Board Engineer for the
evaluation of effects of the proposal upon flood flows and floodwater
storage and to render a decision on the proposed floodplain use:
(1)
A typical valley cross section showing the channel
of the stream, the floodplain adjoining each side of the channel,
cross sectional area to be occupied by the proposed development and
high water information.
(2)
Plan surface view showing elevation or contours of
the ground; pertinent structure, fill or storage elevations; size,
location and spatial arrangement of all proposed and existing structures
on the site; location and elevations of streets, water supply, sanitary
facilities and soil types; and other pertinent information.
(3)
Profile showing the slope of the bottom of the channel
of flow line of the stream.
(4)
Specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel improvements, storage
of materials, water supply and sanitary facilities.
(5)
A plan or document certified by a registered professional
engineer that the floodproofing measures are consistent with requirements
for the flood protection elevation for the particular area and shall
include:
(a)
Anchorage to resist flotation and lateral movements.
(b)
Installation of watertight doors, bulkheads
and shutters.
(c)
Reinforcements of walls to resist water pressures.
(d)
Use of paints, membranes or mortar to reduce
seepage of water through walls.
(e)
Additions of mass or weight to structures to
resist flotation.
(f)
Installation of pumps to lower water levels
in structures.
(g)
Construction of water supply and waste treatment
systems so as to prevent the entrance of floodwaters.
(h)
Pumping facilities for subsurface external foundation
wall and basement water pressures.
(i)
Construction to resist rupture or collapse caused
by water pressure or floating debris.
(j)
Cutoff valves or sewer lines or the elimination
of gravity flow basement drains.
(k)
Elevation of structures to reduce the likelihood
of flood damage.
In reviewing applications, the Planning Board
shall consider and be guided by the purposes, policies and specific
objectives set forth in this article and, in addition, shall apply
the following standards:
A.
As to developments in the floodway, primary consideration
shall be given to preserving this area by defining the minimum capacity
required for the passage of flood flows without aggravating flood
conditions upstream and downstream. Encroachments therein shall therefore
be permitted most sparingly and only in cases in which the public
interest will be served, such as bridges, roads, utility installations
and the like, and the temporary storage of materials or equipment
in connection therewith and during the construction thereof, or where
the obstruction is minimal, such as surface parking or recreation
areas, open fencing and the like, and then, in either case, only in
accordance with conditions designed to limit the obstruction to the
practicable minimum.
B.
As to developments in the flood hazard area outside
the floodway, primary consideration shall be given to the protection
of persons and property involved in the development, and such consideration
shall not be avoided by the waiver of the applicant. Normal accessory
uses shall be permitted only where the building or structure is not
designed or intended as a human dwelling place and will not, by reason
of its size, shape, construction or location, have any adverse effect
upon the functioning of the floodway.
