Glen Gardner City Zoning Code
ARTICLE VI
Environmental Performance Standards
§ 104-24 Compliance.
[Amended 5-7-1991 by Ord. No. 91-4]
All uses and activities established after the effective date of this chapter shall comply with the following standards.
§ 104-25 Natural resource mapping.
[Amended 5-7-1991 by Ord. No. 91-4]
All applications for subdivisions, site plans and zoning permits shall include maps delineating the natural and historic features of the site. In addition, the application shall clearly identify the natural resource restrictions associated with each type of resource as calculated in the tables below.
§ 104-26 Site capacity calculations.
[Amended 5-7-1991 by Ord. No. 91-4]
A.
Purpose and intent.
(1)
The intent of this section is to encourage the conservation of the valuable and environmentally sensitive natural features and resources within the Borough, so as to prevent the long-term degradation of the environment to the common benefit of the community; in conformance with the purpose of the New Jersey Municipal Land Use Law (NJ-MLUL), N.J.S.A. 40:55D-20; and in furtherance of the Environmental Zoning Policies established in the Land Use Plan Element of the Comprehensive Master Plan for the Borough of Glen Gardner, dated April 1989, herein incorporated by reference. The explicit purpose of the following sections is to promote sound development practices by limiting, restricting and prohibiting development from areas of a site, parcel, tract or lot that are not appropriately suited for said development activity; and by doing so, guiding, to the greatest extent practicable, said activities in other areas within the same site, parcel, tract or lot, which are intrinsically suited for site disturbance and/or development activities. This section is specifically not intended to reduce or otherwise limit gross density as defined by the NJ-MLUL and this chapter.
(2)
Therefore, the following sections and the process contained therein is an integral component and fundamental basis for the planning and design of all sites, parcels, tracts and lots within the Borough of Glen Gardner and shall be complied with unless otherwise provided in the relief waiver section of this chapter.
B.
Applicability. The following calculations shall be submitted with all informal sketch, preliminary and tentative plans by a developer for all subdivisions and site plans with the exception of those nonresidential uses proposed in the Commercial Office District and all uses proposed in the Village Residential 1 District, unless otherwise provided.
C.
Determination of net buildable site areas. The net buildable site area is that portion of the site, parcel, tract or lot that is most suited for site disturbance and development activities. In determining the net buildable site area, the following form shall be used:
(1)
(2)
Calculation of resource protection land. The following calculations are intended to determine the extent of the natural resources present on a site, parcel, tract or lot by utilizing the information gained in § 104-25 above, and thereby determining the amount of land area required to be undisturbed within proposed subdivisions and site plans.
(a)
In the event that two or more resources overlap, only the resource with the highest resource protection ratio shall be used.
(b)
Table of Natural Resource Restrictions.
Data Maps | Natural Resources | Minimum Required Resource Protection Ratio | Acres of Land in Natural Resource | Resource Protection Land (Column I x Column II) |
|---|---|---|---|---|
I | II | III | ||
Hydrologic surface features: | ||||
Floodplains | 1.00 | ____ | ____ | |
Floodplain soils | 1.00 | ____ | ____ | |
Waterbodies | 1.00 | ____ | ____ | |
Watercourses | 1.00 | ____ | ____ | |
Wetlands | 1.00 | ____ | ____ | |
Slopes: | .50 | ____ | ____ | |
10% less than 20% | .80 | ____ | ____ | |
20% less than 30% | 1.00 | ____ | ____ | |
30%+ | ||||
Woodland associations: | ||||
Floodplain | .90 | ____ | ____ | |
Meisic | .70 | ____ | ____ | |
Upland | .50 | ____ | ____ | |
Total resource protection land: | ____ acres | |||
(3)
Calculation for minimum open space and net buildable area. The determination of a site, tract or parcel's net buildable area is intended to be the fundamental component and key determinant in locating lots within a subdivision and structures within a nonresidential lot. For all subdivisions and site plans, the total resource protection land or minimum required open space, as determined below, shall apply to the entire site and not on a lot-by-lot basis, provided that the total allowable net buildable portion of the site, as determined in Subsection C(3)(c) below, is not exceeded.
(a)
Method I:
____ acres Gross site area | x ____ Open space ratio from Article IV | = ____ acres Minimum required open space |
(b)
Method II:
Total resource protection land as determined in Subsection C(2)(b) of this chapter: | ____ acres |
(c)
Minimum required open space and maximum net buildable area. The minimum required open space for all subdivisions and site plans shall be the area as determined in Method I or II above, whichever is greater. The following calculation is required to determine a site, parcel or tract's net buildable area:
____ acres Gross site area | — _____ acres Minimum required open space | = _____ acres Maximum net buildable area |
D.
Determine maximum number of permitted dwelling units for cluster subdivisions:
[Amended 10-7-2003 by Ord. No. 2003-9]
____ acres Gross site area | x _____ DU/acre Maximum permitted gross density per residential use | = _____ dwelling units Total number of permitted dwelling units (round up if figure is equal to or greater than .5; round down if under .5) |
E.
Determine maximum number of permitted lots for conventional subdivisions:
____ acres Gross site area | x _____ acre Minimum lot size | = _____ lots Total number of permitted lots |
F.
Maximum permitted impervious surface coverage for all nonresidential uses. The following calculation for maximum permitted impervious surface ratio shall be required for all nonresidential development plans:
____ acres Gross site area | x _____ Maximum impervious surface ratio | = _____ acres Maximum lot coverage |
§ 104-27 Natural resource restrictions.
[Amended 5-7-1991 by Ord. No. 91-4]
A.
General.
(1)
The natural resource restrictions, as contained herein, shall apply to all uses.
(2)
All proposed subdivisions and site plans, either wholly or partly within resource protection lands as identified in § 104-26C(2)(b), shall be subject to the following restrictions, unless specifically exempt as provided by this section:
(a)
All proposed site plans and subdivisions the area of which is either wholly or partly within resource protection lands shall have an earth disturbance plan as part of the preliminary plan submission.
(b)
Contents of an earth disturbance plan:
[1]
A metes and bounds base map.
[2]
The location, type and extent of all natural features and resources on the site, parcel or tract.
[3]
The areas and limits of all primary and ancillary grading and earthwork.
[4]
The delineation by conservation easement of the earth disturbance envelope(s) of the site, parcel or tract. The total land area within the conservation easement(s) shall not be less than the total required open space as determined in § 104-26C(3)(c). Said conservation easements may include open space and resource protection lands either in public or private ownership as the case may be.
[5]
A general plan note clearly indicating that all earth disturbance is strictly limited to the areas within the earth disturbance envelope(s) of the site, parcel or tract.
(c)
The total earth disturbance of any site, parcel or tract shall not exceed the net buildable area of that site, parcel or tract as established by § 104-26C(3)(c).
(3)
Site alterations, regrading, filling or clearing of vegetation prior to approval of final plan by the Planning Board shall be a violation of this chapter. However, this section shall not prohibit any land management practices that may be necessary for the ecological improvement of any stream, pond, lake or wetland or for forest production, provided that all applicable permits have been obtained from the regulatory authority with jurisdiction over such activity.
(4)
Areas with natural resource restrictions should, to the greatest extent possible, be left undisturbed and not occupied by structures, driveways, on-lot septic systems or other requirements.
B.
Requirements for all uses.
(1)
Floodplain and floodplain soils. All such lands shall remain as open space. No structures, filling, piping, diverting or stormwater detention basins shall be permitted in the floodplain, unless the use, activity or development occurring in the floodplain is in strict compliance with § 104-29 and all other applicable codes, ordinances and laws.
(2)
Wetlands, waterbodies and watercourses. These areas shall remain as open space. No development, filling, piping or diverting shall be allowed unless specifically permitted by the state or federal agency having jurisdiction over said activity.
(3)
Steep slopes.
(a)
In areas of steep slopes, i.e., those above 10%, the following standards shall apply:
[1]
10% less than 20% slopes: No more than 50% of such areas shall be developed and/or regraded or stripped of vegetation.
[2]
20% less than 30% slopes: No more than 20% of such areas should be developed and/or regraded or stripped of vegetation.
[3]
30%+ slopes: No such areas shall be developed and/or regraded or stripped of vegetation.
(b)
Application for building permits in areas of 10% slope or greater shall include the following information:
[1]
Site plan of property at a scale of one inch equals 50 feet indicating existing grades with contour lines at two-foot intervals and proposed grades within the area of the proposed construction;
[2]
Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls and ground cover, as well as the locations of trees and ornamental shrubs;
[3]
Architectural plans, elevations and sections of the structures and related improvements;
[4]
A statement prepared by a licensed architect, certified landscape architect or professional engineer stating an explanation of the methods to be used in overcoming foundation and other structural problems created by slope conditions, in preserving the natural watershed and in preventing soil erosion; and
[5]
A plan submitted under the seal of a licensed professional engineer showing and certifying the following:
[a]
All existing and proposed natural and artificial drainagecourses and other features for the control of drainage, erosion and water;
[b]
The calculated volume of water runoff from the slopes and from the lot in question, as unimproved;
[c]
The calculated volume of water runoff from the slopes and from the lot in question, as improved;
[d]
The existence, location and capacity of all natural and artificial drainage courses and facilities within 500 feet of the lot which are or will be used to carry or contain the water runoff from the slope and the lot; and
[e]
The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water runoff.
(c)
(d)
Exemptions. Lands qualifying under one or more of the following provisions may, at the discretion of the Planning Board, be exempt from the steep slope provisions of this section:
[1]
Areas of steep slopes that are less than 3,000 square feet in area.
[2]
Previously and substantially developed lots.
[3]
That portion of land directly affected by the location of a Master Plan road or other community facility as determined necessary by the Planning Board. Only the minimum relief required to accomplish the municipal planning objective is subject to said exemption.
[4]
The requirements of this section do not apply on a lot-by-lot basis, provided that the lot or lots in question have been the subject of a prior site plan or subdivision approval, and further provided that all provisions of said site plan or subdivision approval are met.
(4)
Woodland associations. In all wooded areas the following associations shall be subject to the following restrictions when the area of each individual association is greater than 1/4 acre:
(a)
General provisions. For all healthy trees of a girth greater than 10 inches as measured at a point four feet above grade, the following standards shall apply.
[1]
Live trees of girth greater than 10 inches measured at a point four feet above grade shall not be removed in connection with a site plan or subdivision unless specifically permitted by the Planning Board.
[2]
No greater than 1/3 of the roots may be disturbed by the removal of topsoil or paving, provided that a corresponding amount of the canopy has been removed by a trained arborist.
[3]
Any filling within 35 feet of the trunk shall require a tree well and/or aeration channels in accordance with the standards of the American Association of Nurserymen, Inc.
(b)
Floodplain association. No more than 10% of such areas shall be developed and/or regraded or cleared of vegetation. The balance shall remain as open space.
(c)
Meisic association. No more than 30% of such areas shall be developed and/or regraded or cleared of vegetation. The maximum width of any new clearing shall not exceed 1 1/2 times the height of the canopy. The minimum width of remaining stands of trees shall not be less than three times the height of the canopy. The remaining 70% of the woodland shall remain as permanent open space and shall be protected during construction from root compaction by equipment and material.
(d)
Upland association. No more than 50% of such area shall be developed and/or regraded or cleared of vegetation. The minimum width of remaining stands of trees shall not be less than three times the height of the canopy. The remaining 50% of the woodland shall remain as permanent open space and shall be protected during construction from root compaction by equipment and material.
(e)
Exemptions. On existing or proposed wooded lots, exemptions to the woodlands standards may be permitted, provided that the following provisions are met and approved by the Planning Board:
[1]
The Planning Board may, by granting a waiver, allow for tree removal when said removal will not adversely affect the intent of this section or the utility and character of the overall foliage of the parcel or lot in question. In no case shall removal of trees exceed the standards for steep slopes or woodland protection within Subsection B(3) and B(4), respectively. In addition, the provisions of this section shall not apply to a landowner who wishes to remove an individual tree not in conjunction with a site plan or subdivision.
[2]
That portion of land directly affected by the location of a Master Plan road or other community facility as determined necessary by the Planning Board. Only the minimum relief required to accomplish the municipal planning objective is subject to said exemption.
[3]
The requirements of this section do not apply on a lot-by-lot basis, provided that the lot or lots in question have been the subject of a prior site plan or subdivision approval, and further provided that all provisions of said site plan or subdivision approval are met.
(5)
Trees on wooded lots. Any clear-cutting of trees on a wooded lot will require a woodland management plan approved by the Planning Board. To assure compliance with this section, a permit shall be issued by the designated Borough official prior to the actual commencement of any regulated clear-cutting activity.
(6)
Stormwater. All developments shall limit the rate of stormwater runoff so that no greater rate of runoff is permitted than that of the site in its predevelopment conditions. The provisions for runoff calculations outlined in Article XXIII of this chapter shall apply.
(7)
Soil erosion and sedimentation. All developments shall protect watercourses and waterbodies from sedimentation damage and shall control erosion in accordance with the New Jersey statutes, except that, in addition, all developments shall submit a soil erosion and sedimentation control plan as required by Article XXIV, Soil Erosion and Sediment Control, of this chapter.
§ 104-28 Environmental restrictions.
A.
Requirements for all uses.
(1)
No use shall be permitted which is noxious or offensive in the immediate surrounding area by reason of odor, dust, smoke, gas, vibration, illumination or noise or which constitutes a public hazard whether by fire, explosion or otherwise. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed operation shall not:
(a)
Constitute any nuisance whatsoever beyond the boundary of a site on which the use is located by a reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust. All fixed equipment shall be operated by electric power, gas or other smokeless fuel;
(b)
Result in noise or vibration exceeding the average intensity vibration occurring from other causes at the boundary line;
(c)
Endanger surrounding areas by reason of fire or explosion;
(d)
Produce objectionable heat, glare or radiation beyond the property line;
(e)
Result in major electrical disturbance in nearby residences or adversely affect the operation of equipment other than on the property on which the disturbance is located, when such equipment can be shown to be of good design and in proper functional condition;
(f)
Discharge any untreated sewage or industrial waste into any stream or otherwise contribute to the pollution of surface water or groundwater in accordance with the statutes of the State of New Jersey and the federal government; and
(g)
Create any other objectionable condition in an adjoining area which will endanger public health or safety or be detrimental to the proper use of the surrounding area.
(2)
When required by the Borough, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above. If required, the applicant shall submit supplemental information, plans and impartial expert judgments, and the Borough may require the expert advice of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.
(3)
Any subdivision of land or land development proposed in which the lots are to be less than one acre in size shall be served by a common wastewater disposal system or by sewers approved by the New Jersey Department of Environmental Protection, which shall meet the requirements of the approving agency having jurisdiction and shall be owned, maintained and managed by the developer, a homeowners' association or by a private agency licensed to construct or maintain said system.
B.
Requirements for commercial and industrial uses.
(1)
General. All activities shall be operated in such a manner as to comply with applicable performance standards as hereinafter set forth governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, vibration, glare or heat for the district in which such use shall be located; and no use, already established on the effective date of this chapter, shall be so altered or modified as to conflict with or further conflict with such applicable performance standards for the district in which such use is located.
(2)
Noise.
(a)
All activities shall be operated in such a manner as to comply with all current applicable regulations of the New Jersey Department of Environmental Protection.
(3)
Vibration. All activities shall be conducted in such a manner as to comply with the current applicable standards for vibration of the New Jersey Department of Environmental Protection.
(4)
Air pollution.
(a)
All activities shall be conducted in such a manner as to comply with the current applicable standards for air quality of the New Jersey Department of Environmental Protection.
(b)
No use shall cause, allow, permit, kindle, ignite or maintain any bonfire, junk fire, salvage operations fire or any other open fire on or in any public street, road or public ground or upon any private property within the limits of the site.
(5)
Toxic or noxious matter.
(a)
Waterborne. All activities shall be conducted in such a manner as to comply with all current applicable standards for air quality of the New Jersey Department of Environmental Protection.
(b)
Airborne. All activities shall be conducted in such a manner as to comply with all current applicable standards for air quality of the New Jersey Department of Environmental Protection. Reference shall be made to the Air Pollution Abatement Manual for determination of toxic pollutants to be prohibited.
(6)
Odors.
(a)
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.
(b)
All activities shall be conducted in such a manner as to comply with all current applicable standards for odors of the New Jersey Department of Environmental Protection.
(7)
Fire and explosion hazards.
(a)
The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed-cup flash point of not less than 187° F., is permitted subject to compliance with all performance standards for the district.
(b)
The storage, utilization or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed-cup flash point of less than 187° F. but not less than 120° F., is permitted, subject to compliance with all performance standards for the district, and provided that the following conditions are met:
[1]
Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls which conform to the standards of the Fire Prevention Code published by the American Insurance Association.
[2]
All such buildings or structures shall be set back at least 75 feet from side and rear lot lines and 150 feet from the front lot line and shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or Factory Insurance Association; or, if the materials, foods or products are liquids, the protection thereof shall be in conformity with the standards prescribed by the National Fire Protection Association or Factory Insurance Association.
(c)
The utilization in manufacturing process of materials which produce flammable or explosive vapors or gases as determined for liquids by a closed-cup flash point of less than 120° F. shall be prohibited without a special permit from the Borough Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:
(8)
Storage. The storage of more than 10,000 gallons of materials or products having a closed-cup flash point less than 120° F., including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the Resource Recovery Act (RCRA) amendments regulating underground storage tanks, the National Fire Protection Association and the requirements of the other ordinances of the Borough.
(9)
Heat and glare.
(a)
Heat. No use shall carry on an operation that would produce an increase in ambient air temperature of more than 2° F. at the property line of the lot on which the use is situated.
(b)
Glare. No use shall carry on an operation that would produce glare as defined below from unshielded bulbs or any production operation, such as welding, beyond the property line of the lot on which the use is situated. Glare shall be defined as direct or indirect light from such activities of greater than 1/2 footcandle at habitable levels.
(10)
Water quality and withdrawal.
(a)
All activities shall be conducted in such a manner as to comply with all current applicable standards for water quality of the New Jersey Department of Environmental Protection.
(b)
Emergency procedures. Where materials stored on site could, if accidentally released, impair water quality, emergency procedures shall be specified to prevent such spillage from entering ground or surface waters as a part of the permit application.
§ 104-29 Floodplain District.
A.
Purpose. The purpose of these provisions are: to implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood fringe portion of a flood hazard area; to implement the land use regulations of the Federal Emergency Management Agency, U.S. Department of Housing and Urban Development; to discourage construction and regrading in flood hazard areas; to prevent encroachments into flood hazard areas which would obstruct the area through which water must pass; to prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard area; and to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commercial and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by:
(1)
Regulating uses, activities and developments which, acting alone or in combination with other existing or future uses, activities and developments, will cause increases in flood heights, velocities and frequencies;
(2)
Restricting or prohibiting certain uses, activities and developments from locating within areas subject to flooding;
(3)
Requiring all those uses, activities and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage; and
(4)
Protecting individuals from buying lands and structures which are unsuitable for intended purposes because of flood hazards.
B.
Applicability. The flood hazard design elevation shall be determined on an individual basis based upon the floodway in flood hazard areas as defined herein, or, in the absence of such data, estimated from field inspection and/or historical records. The floodway and flood hazard areas shall be delineated on the site plan. In addition, the Borough Engineer may, upon receipt of the application, make a verification of a floodway and flood fringe area by close inspection, field survey or other appropriate method and cause the same to be marked on the ground and on the site plan, notifying the owner, the New Jersey Department of Environmental Protection, Division of Water Resources and the Planning Board. Various agencies may be sought to aid in delineating the flood hazard design elevation, except that where the New Jersey Department of Environmental Protection, Division of Water Resources or the Delaware River Basin Commission shall publish any reports which delineate the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this chapter.
C.
Compliance.
(1)
Any lot containing a floodway portion of a drainagecourse and on which it is proposed to regrade and or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, site plan approval has been granted (or subdivision approval in the case of a subdivision) and a permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by state regulations.
(2)
Any lot containing a flood fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until site plan approval has been granted.
(3)
Any regrading or improvement must be in full compliance with the terms of this chapter and any other applicable ordinances and regulations which apply to structures and uses with the jurisdiction of this chapter, including the Technical Manual for Stream Encroachment (1994) prepared by the New Jersey Department of Environmental Protection.
D.
Warning and disclaimer of liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams. This chapter does not imply that areas outside the Floodplain District or that land uses permitted within such district will be free from flooding or flood damages. This chapter shall not create liability on the part of the Borough or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
E.
Establishment of the Floodplain Zoning District.
(1)
Description of District.
(a)
Basis of District. The Floodplain District shall include areas subject to inundation by water of the one-hundred-year flood. The basis for the delineation of this district shall be the flood hazard area identified by Flood Insurance Rate Maps and Flood Boundary - Floodway Maps which are hereby adopted by reference and declared to be a part of this chapter. For the purposes of this chapter, the following nomenclature is used in referring to the various kinds of floodplain areas:
[1]
The FW (Floodway Area) is delineated for the purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one-hundred-year flood without increasing the water surface elevation of that flood more than 0.2 foot at any point.
[2]
The FF (Flood Fringe Area) shall be that area of the one-hundred-year floodplain not included in the Floodway. The basis for the outermost boundary of this district shall be the one-hundred-year-flood elevations.
[3]
The FA (Approximated Floodplain) shall be that area of the one-hundred-year floodplain for which no detailed flood profiles or elevations are provided. In determining the one-hundred-year flood elevations, the applicant for a proposed development shall utilize appropriate techniques as discussed in Subsection E(1)(b) below.
(b)
In areas of the Borough where no detailed flood profiles or elevations have been provided by the Department of Environmental Protection, the Floodplain District shall be generalized to include the Approximated Floodplain (FA) and land areas which contain soil characteristics clearly indicative of flooding conditions, hereinafter referred to as "floodplain soils." In these undesignated areas, the floodplain soils shall be subject to the Floodplain District regulations contained herein. The floodplain soils shall include any one or combination of the following soil classifications as defined in the Soil Survey of Hunterdon County, New Jersey, prepared by the U.S. Soil Conservation Service:
(c)
Where the specific one-hundred-year-flood elevation has not been detailed, the floodplain soils shall govern unless the applicant for the proposed use, development and/or activity determines this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis shall be undertaken at the expense of the applicant by professional engineers or others of demonstrated qualifications, who shall certify that the methods used correctly reflect currently accepted technical concepts. Soil mapping may be verified by the applicant by on-site testing. Studies, analysis, computation, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Borough Engineer.
(2)
Overlay concept.
(a)
The Floodplain District described above shall be an overlay to the existing underlying districts, and the provisions for the Floodplain District shall serve as a supplement to the underlying district provisions.
(b)
Where there happens to be any conflict between the provision or requirements of the Floodplain District and those of any underlying districts, the more restrictive provisions shall apply.
(c)
In the event that any provision concerning the Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decisions, the basic underlying district provisions shall remain applicable.
F.
District boundary changes. The delineation of the Floodplain District may be revised by the municipality where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers, a River Basin Commission or other qualified agency or individual. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.
G.
Interpretation of district boundaries. Initial interpretations of the boundaries of the Floodplain District shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the district, the Borough Planning Board shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the Planning Board and to submit his or her own technical evidence if he or she so desires.
H.
Floodplain District provisions.
(1)
General provisions.
(a)
All uses, activities and developments occurring within the Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Municipal Building Code.[1] In addition, all such uses, activities and the developments shall be undertaken only in compliance with federal or state law, including Section 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. § 1334.
(b)
Under no circumstances shall any use, activity and/or development lower the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility.
(c)
Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the Borough, a permit shall be obtained from the New Jersey Department of Environmental Protection.
(d)
Further, notification of the proposal by the municipality shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to the Federal Emergency Management Agency.
(e)
In the Floodplain District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local, state and federal authorities as required above.
(f)
(g)
All new public sanitary sewer facilities shall be designed to minimize or eliminate infiltration of floodwaters into systems and discharges from the systems into the floodwaters. They should be located and constructed to minimize or eliminate flood damage and impact. In addition, all new water facilities shall be located and constructed to minimize the chance of impairment during a flood.
(h)
All utilities such as gas lines, electrical and telephone systems being placed in the floodplain should be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood. Adequate drainage shall be provided to reduce exposure to flood hazards.
(i)
Structure anchoring. Any structure placed in the floodplain shall be anchored firmly to prevent flotation, collapse or lateral movement. The Zoning Officer shall require the applicant to submit the written opinion of a licensed engineer that the proposed structural design meets this criterion.
(j)
Private sewage treatment and/or disposal system. No part of any private sewage treatment and/or disposal system related to the treatment and production of sewage effluent shall be constructed within the floodplain.
(k)
Storage of materials. No materials that can float, that are explosive or that are toxic to humans, animals or vegetation shall be stored in the floodplain. Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the dangerous materials or substances, including but not limited to the following, on the premises, shall not be permitted in the floodplain:
[1]
Acetone.
[2]
Ammonia.
[3]
Benzene.
[4]
Calcium carbide.
[5]
Carbon disulfide.
[6]
Celluloid.
[7]
Chlorine.
[8]
Hydrochloric acid.
[9]
Hydrocyanic acid.
[10]
Magnesium.
[11]
Nitric acid and oxides of nitrogen.
[12]
Petroleum products (fuel, oil, etc.).
[13]
Phosphorus.
[14]
Potassium.
[15]
Sodium.
[16]
Sulfur and sulfur products.
[17]
Pesticides, insecticides, fungicides, herbicides, etc.
[18]
Radioactive substances.
(2)
Permitted uses. In the Floodplain District, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance provision, and provided that they do not require structures, fill or storage of materials and equipment.
(a)
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, forestry, sod farming and wild crop harvesting.
(b)
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, archery ranges, tennis courts, drive-in motion picture theaters, boat launching and swimming areas, hiking and horseback riding trails, wildlife and nature preserves, game farms, fish hatcheries and hunting and fishing areas.
(c)
Accessory residential uses, such as lawns, gardens, landscaping, fences, play areas and pervious parking areas.
(d)
Accessory commercial uses, such as yard areas, pervious parking and loading areas.
(3)
Expansion of existing buildings or structures. When permitted as a variance by the Board of Adjustment, any building or structure, with the exception of those listed in Subsection H(1)(f), located within the floodplain at the time of enactment of the chapter may be altered or extended, provided that:
(a)
The alteration or expansion conforms with all applicable regulations of this chapter.
(b)
The alteration does not constitute a substantial improvement (50% or more of the structure's market value).
(c)
Any increase in volume or area shall not exceed an aggregate of more than 25% of such volume or area during the life of the structure.
(d)
No alterations to individual or community sewage systems, either wholly or partially in the floodplain, shall be permitted without the written approval of the Hunterdon County Board of Health or other appropriate state or county officials.
I.
Variances; additional factors to be considered. In passing upon applications for variances, the Zoning Board of Adjustment shall consider all relevant factors and procedures specified in other sections of the zoning provisions of this chapter and the following:
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, activity or development that will cause any increase in flood levels in the Floodplain District.
(2)
The danger that materials may be swept on to other lands or downstream to injure others.
(3)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of services provided by the proposed facility to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Master Plan and floodplain management program for the area.
(10)
The safety of access to the property by ordinary and emergency vehicles in times of flood.
(11)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater at the site.
(12)
The Zoning Board of Adjustment may refer any application and accompanying documentation pertaining to any request for a variance to any qualified engineer, person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for the protection and other related matters.
(13)
Variances shall only be issued after the Zoning Board of Adjustment has determined that the granting of such will not result in:
J.
Elevation and floodproofing requirements. In any case where development is allowed within the one-hundred-year floodplain, the following conditions shall be met:
(1)
Residential structures. Within the Floodplain District area, the lowest floor, including the basement, of any new or substantially improved residential structure, shall be at least 1 1/2 feet above the one-hundred-year flood elevation. The structure shall be anchored to prevent collapse, flotation and lateral movement.
(2)
Nonresidential structures. Within the Floodplain District area, the lowest floor, including any basement or storage area, shall be at least 1 1/2 feet above the one-hundred-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain completely dry during any flood up to that height. As approved by the Zoning Board of Adjustment, said space may be designed and constructed so that the space enclosed by such structure shall remain essentially dry during any flood up to said height. In addition, the structure shall be anchored to prevent collapse, flotation and lateral movement.
(3)
Plans for all proposed buildings, structures and other improvements, drawn at a suitable scale, showing the following:
(a)
The proposed lowest floor elevation for any proposed building based upon National Geodetic Vertical Datum of 1929;
(b)
The elevation of the one-hundred-year flood;
(c)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one-hundred-year flood; and
(d)
Detailed information concerning any proposed floodproofing measures.
(4)
The following data and documentation shall accompany the plans:
(a)
A document, certified by a licensed engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the one-hundred-year flood elevations, pressures, velocities, impact and uplift forces associated with the one-hundred-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or development.
K.
Administration. A zoning permit shall be required for all construction and development which includes but is not limited to paving, filling, grading, excavation, mining, dredging, drilling operations, et cetera.