Matawan City Zoning Code
ARTICLE XIV
Floodplain Regulations
§ 34-87 SITE PLAN DATA.
[Ord. No. 98-21 § 304-87]
a.
In addition to the site plan approval requirements contained in this chapter, no building or structure shall hereafter be erected, enlarged, expanded, externally altered or modified nor any paving, fill excavation or improvement be permitted within any floodplain area unless a site plan shall have been submitted to the Borough Unified Planning Board for its review and approval.
b.
The site plan shall be drawn to a scale not less than one inch equals fifty feet (1"=50') and shall show in addition to the information required elsewhere the following information:
1.
Existing and proposed building and structures.
2.
Proposed finished grade elevations at the corners of any structure or structures.
3.
Existing topography and proposed grading at contour intervals of at least two feet.
4.
The lowest elevation within any proposed structure after its completion.
5.
The location, type and size of all existing and proposed storm drainage facilities and other utilities servicing or proposed to service the premises in question.
6.
The location, size and nature of all existing and proposed drainage rights-of-way or easements and the location, size and description of any lands to be dedicated to the municipality, County or State.
7.
The layout and size of existing and proposed public or private streets.
8.
The elevation of any existing or proposed pumping facilities.
9.
The nature and extent of any construction alterations or repairs.
10.
The location, size and nature of the entire lot or lots in question and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest.
11.
Proof of stream encroachment lines obtained from the Department of Environmental Protection.
12.
The extent of any previous or proposed filling of the land, if any.
13.
The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment traps, headwalls, aprons and the like.
14.
Any and all other information and data necessary to meet any of the requirements of this chapter.
c.
In addition, where required by the Unified Planning Board the developer shall furnish information relating to subsurface conditions, based on percolation tests and soil boring or probes. Test boring or probes shall be performed by a licensed professional engineer with proven competency in the field of soils engineering 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 Borough Engineer at least 48 hours prior to testing. Tests shall be conducted in accordance with a plan approved by the Borough Engineer. A detailed report of the test shall be submitted to the Unified Planning Board and Borough Engineer for review.
d.
The Unified Planning Board shall act upon any site plan provided for above within 60 days of the date of filing thereof or the date of approval, when required, by the State Department of Environmental Protection, whichever is later, or other extension of time agreed to by the applicant. Failure of the Unified Planning Board to act within the time limit or limits shall be deemed a denial of any site plan submitted hereunder. Unified Planning Board disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter.
§ 34-88 PERMIT; APPROVALS.
[Ord. No. 98-21 § 304-88]
No person or persons shall engage in development within a delineated floodplain until a stream encroachment permit has been issued by the Department of Environmental Protection where appropriate and all necessary approvals have been obtained from the Borough.
§ 34-89 CONDITIONS.
[Ord. No. 98-21 § 304-89]
The Unified Planning Board may impose such conditions on permitted uses as it deems appropriate to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries and to preserve, protect and enhance the natural environment of the floodplain. No Certificate of Occupancy shall be issued unless all conditions of approval have been complied with.
§ 34-90 PERFORMANCE STANDARDS.
[Ord. No. 98-21 § 304-90; New]
In reviewing any proposed construction or development, the Unified Planning Board shall be reasonably assured upon evidence submitted by the applicant that any structure, when built or altered, can be occupied without peril to the health or safety of the occupant and that the proposed land use:
a.
Has an inherent low flood damage potential.
b.
Either acting alone or in combination with existing or future use, does not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption of stormwater.
c.
All stormwater management measures for development regardless of use, including structural stormwater management strategies, detention basins and other stormwater management facilities and stormwater collection and conveyance structures, shall be designed in accordance with and comply with the provisions of Article XIII, Stormwater Control and Stormwater Management Procedures and the Residential Site Improvement Standards (N.J.A.C. 5:21-7 et seq.).
d.
Does not increase local runoff and erosion.
e.
Does not unduly stress or degrade the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters.
f.
Does not require channel modification or relocation.
g.
Is set forth in this chapter as a permitted use for that portion of the floodplain where proposed.
h.
Is not a prohibited use in that portion of the floodplain where proposed.
§ 34-91 PERMITTED USES IN CHANNELS.
[Ord. No. 98-21 § 304-91]
Within any channel, structures may be erected, enlarged, expanded or externally altered and fill, excavation or other improvements or changes may be permitted only in connection with stream improvements or stabilization, which improvements or changes shall have the specific approval of the State Department of Environmental Protection, the Monmouth County Planning Board and the Borough Unified Planning Board.
§ 34-92 PERMITTED USES IN FLOODWAYS.
[Ord. No. 98-21 § 304-92]
a.
Within any folkway, structures may be erected, enlarged, expanded or externally altered, and fill, excavation or other improvements or changes may be permitted only in connection with stream improvement or stabilization, which improvement or changes shall have the specific approval of the State Department of Environmental Protection, the Monmouth County Planning Board and the Borough Unified Planning Board.
b.
The accepted practices of soil husbandry and farming, as well as recreational uses in the nature of parks, wildlife preserves, playgrounds, picnic areas, golf courses and boat landings, shall be permitted in accordance with the issuance of a permit as provided by Section 34-88. Any proposed use involving the removal of trees shall be undertaken only in accordance with an approved forest management plan. No material, equipment or vehicles shall be parked or stored in the folkway, even in conjunction with a permitted use.
§ 34-93 PERMITTED USES IN FLOOD-FRINGE AREAS.
[Ord. No. 98-21 § 304-93]
Within any flood-fringe area, structures may be constructed, erected, enlarged, expanded externally altered or modified and fill, excavation and other improvements may be permitted only after issuance of a permit as provided in Section 34-88 for a use allowed by the zoning district regulations and further subject to the conditions set forth in this Article.
§ 34-94 APPLICATIONS FOR DEVELOPMENT IN FLOOD-FRINGE AREA.
[Ord. No. 98-21 § 304-94]
Upon application for such a permit, the Unified Planning Board shall notify the general public, Borough Environmental Commission and the governing bodies and environmental commissions of other municipalities which may be affected by the proposed use. Such notifications shall include the name and address of the applicant, the location of the proposed use and abbreviated description of the proposed use, an announcement as to where and at what times the complete application may be reviewed and to whom and by what date interested parties may communicate their positions concerning the application and any data that they may have developed in reference to the effects of the proposed use. The Unified Planning Board shall review the application and all information received under Sections 34-87 through 34-89.
§ 34-95 CRITERIA FOR APPROVAL OF DEVELOPMENT IN FLOOD-FRINGE AREA.
[Ord. No. 98-21 § 304-95]
In reviewing the application and arriving at findings, the Unified Planning Board shall consult with the Borough Engineer and other experts and consider the following criteria which the applicant shall document in addition to those set forth in Sections 34-87 through 34-89:
a.
The danger to life and property to increased flood heights or velocities caused by encroachments.
b.
The danger that materials may be swept onto other lands or downstream to the injury of others.
c.
The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination and unsanitary conditions resulting from flooding.
d.
The susceptibility of the proposed use to flood damage and the effects of such damage.
e.
The need for a location on a stream, river or other waterway.
f.
The availability of alternate locations not subject to flooding.
g.
The duration, rate of rise and sediment transport of floodwaters expected at the site.
h.
The safety of access to the property in time of flood for ordinary and emergency vehicles.
i.
The extent to which the hydraulic capacity of the folkway will be disrupted.
j.
The degree to which the proposed use serves the general public's health, safety and welfare.
k.
The degree to which any aspect of food chain or plant, animal, fish or human life processes are affected adversely within or beyond the proposed use area.
l.
The degree to which the proposed activity alters natural water flow or water temperature.
m.
The degree to which the proposed use provides facilities for the proper handling of litter, trash, refuse and sanitary and industrial waste.
n.
The degree to which archaeological or historic sites and structures, endangered or rare species of animals or plants, high quality wildlife habitants, scarce vegetation types and other irreplaceable land types would be degraded or destroyed.
o.
The degree to which the natural, scenic and aesthetic values at the proposed activity site can be retained.
p.
The degree to which materials not subject to major damage by floods are firmly anchored to prevent flotation and/or are readily removable from the area within the time available after flood warning.
§ 34-96 BURDEN OF PROOF.
[Ord. No. 98-21 § 304-96]
No application for development within the flood-fringe area shall be approved unless it is affirmatively established that the proposed development is compatible with the public safety, health and welfare and that it will not endanger public and private property, wildlife and fisheries or the natural environment of the floodplain.
§ 34-97 CONDITIONS OF APPROVAL FOR PERMITTED USES.
[Ord. No. 98-21 § 304-97]
The Unified Planning Board shall impose such conditions to approval as it deems necessary to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries, and to preserve, protect and enhance the natural environment of the floodplain.
a.
General Conditions. These conditions may include but are not limited to the following:
1.
Modification of waste disposal and water supply facilities.
2.
Imposition of operational controls, sureties, deed restrictions, and maintenance bonds.
3.
Requirements for construction of stormwater detention facilities, channel modifications, dikes, levees and other protective measures.
4.
Installation of an adequate flood warning system.
5.
Postponement of development until such time as protective measures are installed.
b.
Specific Conditions. Where applicable, the Unified Planning Board shall condition approval as follows:
1.
Fill shall be no lower than one foot above the flood hazard design elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.
2.
Structures on fill shall be built so that the basement or, in the event there is no basement, the lowest floor level, is at a minimum of one foot above the flood hazard design elevation.
3.
Structures not placed on fill shall be otherwise elevated so that the first floor is at a minimum of one foot above the flood hazard design elevation or shall be floodproofed as set forth in paragraph 4 below. Floodproofing alone shall not be adequate for residences, hospitals, nursing homes, schools, day-care centers, food and drinking establishments, places of public accommodations and similar uses.
4.
Floodproofing measures shall be consistent with the flood protection elevation for the particular area, flood velocities, durations, rates of rise, hydrostatic and hydrodynamic forces and other similar factors. The Unified Planning Board shall require the applicant to submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood hazard design elevation and associated flood factors. Any or all of the following proven measures may be required:
(a)
Anchorage to resist flotation and lateral movement.
(b)
Installation of watertight doors, bulkheads, and shutters or similar devices.
(c)
Reinforced walls to resist water pressures.
(d)
Use of paints, membranes or mortars to reduce seepage of water through walls.
(e)
Addition of weight to structures to resist flotation.
(f)
Installation of pumps to lower water levels in structures.
(g)
Construction of water supply and waste treatment systems in a manner which prevents the entrance of floodwaters.
(h)
Pumping facilities, or comparable measures, for the subsurface drainage systems of buildings to relieve external foundation wall and basement flood pressures.
(i)
Construction that resists rupture or collapse caused by water pressure or floating debris.
(j)
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewerage or stormwaters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
(k)
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.
(l)
Storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic or hazardous materials shall be situated above the flood hazard design elevation and shall be floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into the floodwaters.
(m)
Use of construction materials which are resistant to water damage.
§ 34-98 PROHIBITED USES IN CHANNELS, FLOODWAYS AND FLOOD-FRINGE AREAS.
[Ord. No. 98-21 § 304-98]
No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses within a delineated floodplain. The following uses shall be prohibited:
a.
Placing, depositing or dumping any vehicles, solid waste, garbage, refuse, trash, rubbish or debris.
b.
Dumping or discharging untreated domestic sewerage or industrial wastes, either solid or liquid.
c.
The storage or disposal of pesticides.
d.
The storage or processing of materials that are in time of flooding buoyant, flammable or explosive.
e.
The storage or processing of hazardous materials that could be injurious in time of flooding to human, animal or plant life.
§ 34-99 PREEXISTING NONCONFORMING STRUCTURES AND USES.
[Ord. No. 98-21 § 304-99]
a.
Existing Structures or Uses.
1.
Structures or land uses in any flood plain which existed on or before the effective date of this chapter may be permitted to continue subject to the following conditions:
(a)
If any preexisting structure is destroyed by any means, including floods, to an extent of 50% or more of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.
(b)
No preexisting structure shall be moved, expanded or enlarged unless the provisions of this chapter are complied with. This provision does not apply to routine maintenance and repair, provided that such maintenance and repair does not increase the flood damage potential of the structure.
2.
In any portion of the floodplain, an existing nonconforming use or structure may be altered or expanded, provided that such alteration or expansion does not increase its ground coverage or flood damage potential.
b.
If actual construction of a structure is underway on or before the effective date of this chapter, then such construction may be completed. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. The provisions of paragraph a above shall apply to such structures upon completion of construction.
c.
Structures in the folkway abandoned for six consecutive months or longer and structures abandoned for 12 consecutive months or longer in the flood-fringe area after the effective date of this chapter shall not qualify as preexisting uses.
§ 34-100 FLOOD INSURANCE.
[Ord. No. 98-21 § 304-100]
Flood insurance, in accordance with the National Flood Insurance Program of the United States Department of Housing and Urban Development, shall be required for all development in the floodplain.