Alexandria Township
City Zoning Code
City Zoning Code
ARTICLE VI
Environmental Performance Standards
§ 115-23 Compliance.
[Amended 9-7-2005 by Amendment 26]
Where required below, uses and activities established after the effective date of this chapter shall comply with the following standards.
§ 115-24 Natural resource mapping.
[Amended 9-7-2005 by Amendment 26]
A.
Applications for site plans and major subdivisions shall include maps delineating the natural and historic resources defined within this chapter, including watercourses, streams and stream corridor protection buffers, one-hundred-year floodplain, lakes, ponds, freshwater wetlands and wetland transition areas, topography, steep slopes by category, ridge lines and ridge line protection areas, soils, Class I, II and III agricultural soils, woodlands, and historic or cultural sites as identified in the Township Master Plan or as listed on the State or National Register of Historic Places.
B.
These maps shall include summary tables indicating, for the tract and each lot to be created, the following: the area, in acres and percentage, of each natural resource specified in § 115-26B below; the required natural resource protection ratio for each natural resource; the maximum allowed disturbance area, in acres or square feet, for each natural resource; and the proposed disturbance, in acres or square feet, of each natural resource.
Total Tract | Lot | Lot | |||||
|---|---|---|---|---|---|---|---|
Acre | % | Acre | % | Acre | % | ||
Natural resource A | |||||||
Natural resource B | |||||||
Total Tract Disturbance | Lot Disturbance | Lot Disturbance | |||||
|---|---|---|---|---|---|---|---|
Allowed | Proposed | Allowed | Proposed | Allowed | Proposed | ||
Natural resource A protection ratio | |||||||
Natural resource B protection ratio | |||||||
§ 115-25 Buildable lot area.
[Amended 4-12-1995 by Amendment 9; 9-7-2005 by Amendment 26]
A.
Every new residential lot developed without public sewer shall have a contiguous area of not less than 1.5 acres exclusive of watercourses, streams and stream corridor protection buffers, one-hundred-year floodplain, lakes, ponds, freshwater wetlands and wetland transition areas, slopes over 25%, and any other areas precluded from development by easements, protective covenants or other restrictions. Within this buildable area, it must be demonstrated to the satisfaction of the Board that a dwelling, well and area for two septic fields may be located and tested (with passing results) in conformance with local, county and state regulations.
[Amended 12-14-2022 by Ord. No. 2022-7]
B.
A map showing the areas of exclusion and indicating the location and size of the buildable area of each lot to be developed shall be included in all subdivision applications.
§ 115-26 Natural resource restrictions.
[Amended 4-12-1995 by Amendment 9; 9-7-2005 by Amendment 26]
A.
General.
(1)
The natural resource restrictions herein shall apply to all uses.
(2)
Site alterations, regrading, filling or clearing of vegetation prior to subdivision or site plan approval 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 New Jersey Department of Environmental Protection.
(3)
Areas with natural resources restrictions should, to the greatest extent possible, be left undisturbed and not occupied by structures, driveways, on-lot septic systems or other improvements. Preservation of critical environmental features will take precedence over prime agricultural soils in designing the location of development within a property.
B.
Requirements.
(1)
One-hundred-year floodplain. All lands within the one-hundred-year floodplain shall only be used in compliance with § 115-29.
(a)
Where the one-hundred-year floodplain has not been delineated on flood maps that have been published by, prepared by, or accepted by the New Jersey Department of Environmental Protection, the one-hundred-year floodplain shall be determined as follows:
[1]
Where the contributing drainage area is 50 acres or greater, the one-hundred-year floodplain shall be the area within the stream encroachment lines as established by a stream encroachment permit issued by the NJDEP; or, the area where the natural grades are less than 20 feet in elevation above the stream channel bed.
[2]
Where the contributing drainage area is less than 50 acres, the one-hundred-year floodplain shall be the area within the stream encroachment lines as established by a hydrologic study prepared by a licensed professional engineer and reviewed and approved by the Municipal Engineer; or, the area where the natural grades are less than 20 feet in elevation above the stream channel bed.
(b)
No structures, filling, piping, diverting or stormwater detention basins shall be permitted within the floodplain, unless the use, activity or development within this area is in strict compliance with § 115-29 and all other applicable regulations.
(2)
Lakes, ponds and their shorelines. If not otherwise regulated, lakes and ponds shall remain as open space. No development, filling, piping or diverting shall be permitted. At least 70% of the shorelines of lakes and ponds shall, to a depth of 50 feet from the shorelines as measured from the permanent pool elevation, be left in their natural, undisturbed state.
(3)
Wetlands and wetland transition areas. All lands within delineated wetlands and wetland transition areas shall remain in their natural, undisturbed state. Any use, activity or development within these areas shall be in strict compliance with NJDEP regulations.
(4)
Steep slopes.
(a)
Steep slopes areas shall be divided into areas with slopes between 15% and 24.99%, within which not more than 30% of such areas shall be developed, regraded or stripped of vegetation, and areas with slopes of 25% or more, within which not more than 15% of such areas shall be developed, regraded or stripped of vegetation.
(b)
Slope shall be measured using the topographic mapping that is submitted with the application, by calculating the percent slope between each contour line indicated on the topographic map and delineating on the natural resources map all of the land areas within each of the two critical slope ranges (15% to 24.99%, and greater than 25%).
(c)
Where disturbance and/or construction is proposed in steep slope areas, the Planning Board may require applicants for building permits to submit a plot plan for review and approval by the Township Engineer, detailing the proposed grading within the area of the disturbance and the methods to be used in addressing any problems created by slope conditions, including preservation of the natural watershed and prevention of soil erosion.
(5)
Woodlands. All wooded areas shall be shown on the natural resource mapping. Where disturbance of wooded areas is not limited by virtue of other restrictions, such as wetlands, wetland transition areas, stream corridor protection areas or steep slopes, the following provisions shall apply:
(a)
Within floodplains, no more than 10% of any wooded area shall be cleared.
(b)
Within the buildable area of a lot, as defined in this chapter, the entire area, not to exceed 1.5 acres, may be cleared; provided, however, that no more than 1.5 acres of woodland shall be cleared for development purposes on any lot.
(c)
The remaining woodland areas shall be protected during construction from root compaction by equipment and materials; and development plans shall include a tree protection plan.
(d)
Should tree removal exceed the allowed percentage or if trees subject to protection under an approved tree protection plan are damaged, the developer shall replace the damaged or removed trees as follows:
[1]
In areas of excessive cutting, trees shall be replaced at a ratio of five trees (two to 2 1/2 inches' caliper) for every tree removed, based either on the specific number of trees six-inch and over caliper removed or, if a specific count cannot be made, on the average number of such trees found within a similar, adjacent area on site.
[2]
In tree protection areas, damaged trees shall be replaced at a ratio of five trees (two to 2 1/2 inches' caliper) for every six- to ten-inch caliper tree removed; eight trees (two to 2 1/2 inches' caliper) for every ten- to fifteen-inch caliper tree removed; and 10 trees (two to 2 1/2 inches' caliper) for every fifteen-inch and over caliper tree removed.
(6)
Agricultural soils. In areas of prime agricultural soils, as listed in the Soil Survey of Hunterdon County, New Jersey (1974) or as determined by the County Agricultural Development Board, the following shall apply:
(a)
With the exception of B-16 subdivisions, no residential subdivision shall include more than 35% of Class I, II or III agricultural soils within the proposed building lot areas of a subdivision, including any associated roads, drainage or other improvements.
[Amended 9-13-2006 by Amendment 30]
(b)
In such subdivision, a minimum of 65% of the Class I, II or III agricultural soils shall remain undisturbed; that is, 65% of these soils shall be outside of the proposed building lots and those additional areas, used for associated improvements, that will not be available for cultivation.
(c)
Where more than one class of prime agricultural soils is located on a tract, priority shall be given to preserving the higher class soil(s) by locating lots and other areas of disturbance in areas of the lower class soils.
§ 115-27 (Reserved) [1]
[1]
Editor’s Note: Former § 115-27, Natural resource restrictions, as amended 7-13-1988 by Amendment 1, 8-10-1988 by Amendment 2, 4-18-1992 by Amendment 7, 4-12-1995 by Amendment 9 and 3-13-2002 by Amendment 18, was amended and renumbered as § 115-26 by Amendment 26, adopted 9-7-2005. Said Amendment 26 also replaced former § 115-25, Natural and historic resources, as amended 4-12-1995 by Amendment 9, and § 115-26, Lot area requirements and environmental resources, as amended 4-12-1995 by Amendment 9.
§ 115-28 Environmental restrictions.
A.
Requirements for all uses shall be as follows:
(1)
No use shall be permitted which is noxious or offensive in the immediate surrounding areas 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, odors 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 of noise or 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 or ground water in accordance with the statutes of the State of New Jersey.
(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.
(h)
No use shall involve the drilling for natural gas using the drilling technique of hydraulic fracturing and exploring for natural gas beyond the reconnaissance phase anywhere within the municipality of Alexandria.
[Added 7-6-2016 by Ord. No. 2016-04]
(2)
When required by the municipality, 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 municipality 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 NJDEP, 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. 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. The following sources of noise are exempt:
(a)
Transportation vehicles not under the control of the industrial use.
(b)
Occasionally used safety signals, warning devices and emergency pressure relief valves.
(c)
Temporary construction activity between 7:00 a.m. and 7:00 p.m.
(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 waterborne matter 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.
(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.
[2]
All such buildings or structures shall be set back at least 75 feet from side or 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, goods or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire 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 special permit from the Municipal Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:
[1]
The final manufactured product shall not itself have a closed cup flash point of less than 187° F.
[2]
The use of such material shall be in conformity with the standards prescribed by the National Fire Protection Association and the requirements of other ordinances of the municipality.
(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 National Fire Protection Association and the requirements of the other ordinances of the municipality.
(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 0.5 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, repair water quality, emergency procedures shall be specified to prevent such spillage from entering ground or surface waters as a part of the permit application.
§ 115-29 Floodplain District.
A.
Purpose. The purposes 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 flood hazard areas, to implement the land use regulations of the Federal Emergency Management Agency, United States 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 areas, 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:
[Amended 12-10-1997]
(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.
(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 Municipal 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, and 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. Any lot containing a floodway portion of a drainage course 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. 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. 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 (1984), 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 and bridge openings restricted by debris. 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 municipality 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)
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:
(a)
The Floodway Area (FW) is delineated for 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.
(b)
The Flood-Fringe Area (FF) 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.
(c)
The Approximated Floodplain (FA) 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 hydrologic and hydraulic engineering techniques as discussed in Subsection E(2) below.
(2)
Floodplain soils.
(a)
In areas of the municipality 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:
[1]
Alluvial land.
[2]
Bowmansville.
[3]
Pope loam.
[4]
Raritan.
[5]
Rowland silt loam.
(b)
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 Municipal Engineer.
(3)
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 district, the more restrictive provisions shall apply.
(c)
In the event 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 agent or individual. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.
[Amended 12-10-1997]
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 Zoning Board of Adjustment of the municipality 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 Zoning Board of Adjustment 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 Building Code and the subdivision and site plan provisions of this chapter. In addition, all such uses, activities and 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 or system.
(c)
Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, 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.
[Amended 12-10-1997]
(e)
In the Floodplain District, no development shall be permitted except where any rise in flood height 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)
The following list of obstructions and activities present social hazards in floodplains: hospitals, public or private; nursing homes, public or private; jails; and mobile homes, whether on an individual lot or in an existing or proposed mobile home park. No construction, enlargement or expansion of any of the obstructions or commencement of any of the activities listed above shall be undertaken in any one-hundred-year floodplain.
(g)
All new or replacement public sanitary sewer facilities shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impact. All new or replacement water facilities shall be located and constructed to minimize the chance of impairment during a flood. 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.
(h)
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.
(i)
No part of any private sewage treatment and/or disposal system related to the treatment and renovation of sewage effluent shall be constructed within the floodplain.
(j)
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 of any amount of radioactive substances) of any 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 (gasoline, fuel oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulphur and sulphur products.
[17]
Pesticides, including insecticides, fungicides and rodenticides.
[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 provisions, 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, truck farming, 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 natural 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)
Expiration 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 § 115-29H(1)(f), located within the floodplain at the time of enactment of this chapter may be altered or extended, provided that:
(a)
The alteration or extension conforms with all applicable regulations of this chapter.
(b)
The alteration does not constitute a substantial improvement (50% or more of the structure 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 system, 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.
In passing upon applications for variances, the Zoning Board of Adjustment shall consider all relevant factors and procedures specified in other sections of this chapter and the following:
(1)
The danger to life and property due to increased flood heights of 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:
(a)
Increased flood heights.
(b)
Additional threats to public safety.
(c)
Extraordinary public expense.
(d)
Creation of nuisances.
(e)
Fraud or victimization of the public.
(f)
Conflict with local laws or ordinances.
(g)
Modification greater than the minimum necessary to obtain relief.
(14)
Whenever a variance is granted, the municipality shall notify the applicant in writing that:
(a)
The granting of the variance may result in increased premium rates for flood insurance.
(b)
Such variance may increase the risks to life and property.
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, the lowest floor, including any basement or storage area, shall be 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 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 depths, pressures, velocities, impact and uplift forces, and other factors associated with the one-hundred-year flood.
(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 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 or drilling operations, etc.
