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Long Hill Township City Zoning Code

§ LU-143.7

General Regulations.

[Ord. No. 90-01 § 2]
a. 
This section shall apply to any lot, or contiguous lots under one ownership, within which is located an area of special flood hazard.
b. 
The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled the "Flood Insurance Study, Township of Long Hill," dated September 21, 2001, with accompanying flood insurance rate maps and any revisions thereto are hereby adopted by reference and declared to be a part of this section. An interpretive map entitled "Special Flood Hazard Areas, Township of Long Hill, N.J." prepared by Carl Lindbloom, P.P., and dated October 1981, and any revisions thereto, may also be consulted. The flood insurance study is on file at the Municipal Building, 1802 Long Hill Road, Millington, New Jersey.
c. 
Within an area of special flood hazard, no land may be subdivided, no structure may be erected, no equipment or goods stored, no landfill or excavation operation begun and no start of construction may be undertaken without the applicant first having received an approved development permit application from the approving authority and whenever State law so requires, approval from the Department of Environmental Protection of the State of New Jersey. Any other use that is allowed by the applicable ordinance or statute is permitted. Accepted practices of soil husbandry and the planting and harvesting of crops in connection with farming, forestry and arboriculture are not included in the foregoing prohibitions.
d. 
No building permit shall be issued by the Construction Official for any proposed structure or substantial improvement to an existing structure to be located or now located within any area of special flood hazard unless and until the approving authority shall have approved a development permit submitted in accordance with this section. No certificate of occupancy shall be issued by the Construction Official unless and until proof has been submitted to said official that all conditions of development permit approval have been fully met and complied with.
e. 
This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
f. 
In the interpretation and application of this section, all provisions shall be:
1. 
Considered as minimum requirements.
2. 
Liberally construed to effectuate the purposes for which this section was enacted.
3. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
g. 
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This section shall not create liability on the part of the Township or of any official or agency thereof for any flood damages which result from reliance on this section or any administrative decision lawfully made thereunder.
h. 
A development permit shall be valid for one year from the date of approval. Unless a building permit, certificate of occupancy, subdivision approval, site plan approval, fill permit or other required permit or approval, for which a development permit is required, is applied for within one year of development permit approval, the approval shall expire.