The 100-year flood plains were drafted from the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency (Panels 3403 12 0002B and 3403 12 0001B, revised to August 3, 1992 and Panel 3403 12 0010A, dated March 18, 1985);

The freshwater wetlands were drafted from information mapped by the New Jersey Department of Environmental Protection from March 1986 infrared photographs.

The topographic slopes fifteen (15%) percent and greater were drafted from U.S. Geological Survey Slope Maps for the Keyport Quadrangle, photo revised 1970 and photo inspected 1977, and South Amboy Quadrangle, photo revised 1981.

Regarding the 100-year flood plains and freshwater wetlands areas, it is recognized that more flood plain and wetland areas exist in Aberdeen Township than those indicated on the Critical Areas Map. Any mapping prepared by the New Jersey Department of Environmental Protection of flood plain and wetland areas in Aberdeen Township shall take precedence.

Additionally, while the information presented on the Critical Areas Map is appropriate for general planning purposes, it is not intended to take the place of specific on-site engineering investigation and data presented to and subjected to independent verification by the Township at the time applications are submitted for approval of a subdivision, site plan, construction permit, variance, and/or any other application which considers construction permits, and/or other application which considers the "critical areas" categories of information depicted on the map.

To protect flood plains and stream corridors so that flood water may have a natural course to follow and so that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam.

To allow water levels to rise without danger to persons, animals or property and cover larger land surfaces for the purposes of greater water percolation and recharge of the underground water supply.

To promote the development of a parklike network throughout Aberdeen Township along stream corridors.

To permit only that development of flood prone areas and stream corridors within Aberdeen Township which:

To prohibit any other types of development including, without limitation, the dumping of solid or hazardous waste, the construction of subsurface sewage disposal systems, the storage of any petroleum products, the addition or removal of fill and the altering of watercourses, temporary roadways and grading, and to retain areas adjacent to streams free from structures and other obstructions.

To protect property from the adverse effects of flooding, erosion, loss of vegetation, seepage, and downstream deposits of silt, gravel and stone, and to prevent burdensome costs to the public arising from such damage and its repair.

To protect other municipalities within the same watersheds from improper stream corridor development and the increased potential for flooding or for reduced stream flows in dry weather.

To prevent disturbance to the ecological balance between wildlife, plant and marine life, which are dependent upon watercourses, and their protective flood plains and slopes.

To maintain the quality of streams in the Township, and to the extent any streams are impaired, improve their quality.

This subsection regulates development in the following two (2) ways:

Except in limited cases, the stream corridor requirements of subsection 25-6.8 do not permit structures within the stream corridor as defined in subsection 25-6.8d hereinbelow which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in subsection 25-6.8f apply only in those limited cases where structures or substantial improvements to structures are permitted.

Appeal shall mean a request for the review of the Township Engineer's interpretation of any provision of this section or a request for a variance from the Planning Board.

Area of shallow flooding shall mean a designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.

Area of special flood hazard shall mean land in the flood plain within the Township subject to a one (1%) percent or greater chance of flooding in any given year.

Base flood shall mean the flood having a one (1%) percent chance of being equaled or exceeded in any given year.

Basement shall mean the area of any building having its floor subgrade (below ground level) on all sides.

Breakaway wall 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.

Channel shall mean the bed and banks of the watercourses located within the boundaries of the Township of Aberdeen which convey the normal flow of said watercourses most of the time.

Delineated stream shall mean a stream that has a delineated floodway officially adopted by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:13.

Design floor profile shall mean the elevations of the water surface of the floodway design flood and the flood hazard area design flood.

Development 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 or drilling operations or storage of equipment or materials.

Elevated building shall mean a non-basement building built to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. "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 flood waters.

Flood elevation determination shall mean the determination of the water surface elevations of the design flood, i.e., the flood level that has a one (1%) percent or greater chance of occurrence in any given year.

Flood fringe area shall mean the portion of the flood hazard area not designated as the floodway.

Flood hazard area shall mean the floodway and the flood fringe area of a delineated stream.

Flood hazard area design flood shall mean the one hundred (100) year storm in non-delineated areas and the one hundred (100) year storm plus twenty-five (25%) percent in delineated areas.

Flood Insurance Rate Map (FIRM) 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.

Flood Insurance Study shall mean the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.

Flood or flooding shall mean a general and temporary condition of partial or complete inundation of normally dry areas from:

Flood plain shall mean the relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water.

Flood Plain Management Regulations shall mean State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood proofing shall mean any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway shall mean the channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream without accumulatively increasing the water surface elevation any more than two-tenths (0.2) feet.

Freeboard shall mean a factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.

Historic structure shall mean any structure that is:

Lowest floor shall mean the lowest floor of the lowest enclosed area, including a 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 non-elevation design requirements.

Manufactured home shall mean a structure, transportable in one (1) or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required facilities. For the purposes of flood plain management the term "manufactured home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers or other similar recreation vehicles.

Manufactured home park or manufactured home subdivisions shall mean a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

New construction shall mean structures for which the start of construction commenced on or after the effective date of this Ordinance.[2]

Recreational vehicle shall mean a vehicle which is built on a single chassis; four hundred (400) square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Start of Construction shall mean and include substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement commenced within one hundred eighty (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, 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.

Steep slopes shall mean topographic slopes fifteen (15%) percent or greater.

Stream shall mean a watercourse having a drainage area of over fifty (50) acres.

Stream corridor shall mean and include the area within the floodway, flood plain, flood hazard area and buffer strips one hundred (100) feet from the top of the channel banks of the main tributaries of the rivers and streams for stream corridor preservation. If the flood plain or flood hazard area extends for more than one hundred (100) feet from the top of the channel bank, said larger area shall be the stream corridor.

Structure shall mean for flood plain management purposes, a walled or roofed building, a manufactured home, including without limitation, gas or liquid storage tanks, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.

Substantial Damage 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 fifty (50%) percent of the market value of the structure before the damage occurred.

Substantial Improvement shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50%) percent of the assessed value of the structure on an equalized basis either:

Variance shall mean a grant of relief by the Planning Board from the requirements of this subsection permitting construction in a manner otherwise prohibited by this subsection because the literal enforcement would result in unnecessary hardship.

All proposals for any development within a flood plain or stream corridor area shall require site plan approval by the Planning Board in accordance with Section 25-8 of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, upon the recommendation of the Township Engineer, the proposed work is of such a minor nature that Planning Board review is not required, the need for site plan approval by the Planning Board may be waived by the Board. In any case all other requirements of this section shall apply and before the work actually begins, the Township Engineer shall have issued, in writing, his/her approval to proceed with the work.

When a proposal for development within a flood plain or stream corridor is made to the Township, initially the Township Engineer shall review the proposal to:

Fees shall be provided for site plans in subsection 25-9.1 of this chapter and public notice of public hearings shall be given as stipulated for site plans in subsection 25-7.6d of this chapter.

In addition to the applicable information required for preliminary site plan approval stipulated in subsection 25-8.4 of this chapter, the following additional information shall be provided:

The applicant should be prepared to present evidence that the proposal:

Where required by the Planning Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of intention to conduct such tests shall be forwarded to and received by the Township Engineer at least two (2) working days prior to testing. A detailed report of the test shall be submitted to the Planning Board and the Township Engineer for review.

When base flood elevation data has not been provided by the Township, its agents, servants and employees shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source to administer this section.

Prohibited Uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood fringe, flood plain and stream corridor areas. All uses not specifically permitted by subsections 25-6.8f2 and 3 hereinbelow shall be prohibited.

Permitted Uses in Floodways. The following uses shall be permitted in floodways provided the requirements of subsection 25-6.8f2(e) and subsection 25-6.8g of this chapter are satisfied:

Permitted Uses in the Stream Corridor Areas. Stream corridors shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), altering of watercourses, regrading or construction, except for the following activities outside the floodway:

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharged from the system into the flood waters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, the 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.

All subdivision proposals shall be consistent with the need to minimize flood damage.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

All new construction shall have electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.

The construction of stormwater detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.

The installation of an adequate flood warning system shall be required.

The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.

New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one (1) foot above the flood hazard area design flood elevation (a one [1] foot freeboard) and a limit of disturbance shall be established a minimum of ten (10) feet from the stream corridor.

All new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls, by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria: a minimum of two (2) openings having a total net area of not less than one (1) 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 (1) foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the unimpeded gravity flow entry and exit of floodwater.

New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including a cellar or basement, elevated to one (1) foot above the design flood elevation (a one [1] foot freeboard) or, together with the attendant utility and sanitary facilities, be floodproofed so that below the design flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards and methods of construction of this section are satisfied. Such certification shall be provided to the Planning Board. Any or all of the following floodproofing measures may be required:

Where and when permitted, fill shall be no lower than one (1) foot above the flood hazard area design flood elevation and shall extend at such height for a distance of at least fifteen (15) feet beyond the limits of any structure erected thereon.

Where and when permitted, structures on fill shall be so built that the lowest floor is at a minimum of one (1) foot above the flood hazard design elevation.

All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the finished floor elevation of the lowest floor is at or above the base flood elevation.

All necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.

Adequate maintenance shall be provided within any altered or relocated portion of a watercourse so that the flood carrying capacity is not diminished.

Where the lands proposed for development include a portion of the stream corridor, a condition of any major subdivision or major site plan approval shall be the revegetation of any portions of the required stream corridor which were disturbed by prior land uses, such as agriculture, and any necessary disturbance permitted in subsection 25-6.8f3 of this section. The vegetation plan shall utilize native trees and plant species, subject to the review and approval of the Township Engineer.

For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places.

Variances shall not be issued within any designated floodway, flood fringe area or stream corridor if an increase in flood levels during the design flood would occur.

Variances may only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazards.

Variances may only be issued upon a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

Official Designated to Make Flood Hazard Searches. The Township Council shall, annually, designate an official of the Township to make and prepare flood hazard area searches. Such official shall thereafter be vested with the power to make certificates with respect to flood hazard areas on behalf of the Township.

Issuance of Certificates. The official appointed to make such searches shall issue certificates within a reasonable time after receipt of the following:

Fees for Certificates. The following fees shall be received prior to the issuance of any certificate:

The purpose of designating steep slopes as critical areas is to prevent soil erosion and stormwater runoff resulting from development of such steep slope lands. Development throughout the Township shall occur only on the portion of a lot or tract outside the steep slope area.

The applicant may seek variance relief under N.J.S.A. 40:55D-70c for disturbance of steep slopes, provided that the applicant also shall address the performance standards in subsection 25-6.8l.3 hereinbelow to the satisfaction of the Board.

Performance Standards. The Board, in considering a variance to allow the disturbance of steep slopes, shall be guided by, but not limited to, the following: