Zoneomics Logo
search icon

Long Hill Township City Zoning Code

§ LU-143.12

Standards for Review.

[Ord. No. 90-01 § 2]
a. 
The approving authority shall not approve any development permit required by this section unless and until it is satisfied that the requirements of Subsections 143.9 and 143.10 have been met.
b. 
As to developments in the floodway, primary consideration shall be given to preserving this area for the passage of floodwaters without aggravating flood conditions upstream and downstream. Encroachments in the floodway shall therefore be permitted only in cases in which the general public interest will be served, such as parks, playgrounds, bridges, utility rights-of-way and similar purposes, or where the obstruction to the flow of floodwaters is minimal, such as recreational areas, docks, open fencing, suitably designed dams, parking areas and similar purposes, and only upon certification by a professional engineer licensed in the State of New Jersey that such encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge. In no case shall landfill be permitted within the channel or floodway, nor shall the piping of a channel underground be permitted.
c. 
As to the developments in the special flood hazard area outside of the floodway, primary consideration shall be given to the protection of persons and property involved in the development, and such consideration shall not be avoided by waiver of the applicant. This consideration may include but not be limited to a redesign of the development to reduce the potential impact of flood waters by changes in physical layout and/or reductions in the intensity of such development. No fill shall be permitted within the limits of this special flood hazard area (100-year flood). Exceptions from the prohibitions of this subsection shall be permitted only where the building or structure is not designed or intended as a human dwelling place, is of a monetary value of less than 10% of the value of the lot or parcel of land upon which it is proposed to be installed, is not intended to house property of a value greater than its own value or will not by reason of its size, shape, construction or location have any substantial adverse effect upon the functioning of the floodway by obstructing floodwaters.
At the discretion of the Planning Board, an elevated septic system, which meets all other requirements of this section, may qualify for an exception from the requirements of this subsection. For purposes of this section, an "elevated building" as that term is defined by this Ordinance, shall not be considered per se to be "fill." Elevated septic systems and elevated buildings, however, shall be subject to the requirements of all applicable State and Federal regulations including but not limited to the 20% maximum fill restriction.
d. 
The elevations established herein are in no way meant to supersede or relieve any property owner or applicant from the requirements set forth in regulations promulgated by the New Jersey Department of Environmental Protection. The elevations established herein are to be used only for application of the Township "no fill regulations" and are not intended to reduce or change for any other purposes the base flood elevations set forth in the reports and maps described in Subsection 143.3b.