Montgomery City Zoning Code
§ 16-16.1
Scope and Administration.
[Added 12-19-2024 by Ord. No. 24-1746]
a.
Purposes and objectives. This section expands on the purposes and objectives, and the FEMA and NJDEP requirements in Section 16-15 (the Floodplain Management Regulations), in order to separate the mandatory higher agency regulations from Montgomery Township's local efforts to:
1.
Protect stream corridors to further buffer special flood hazard areas from the type and intensity of development which would be destructive to their special environmental importance, as well as harmful to the health and general welfare and to properties downstream.
2.
Protect stream corridors and special flood hazard areas so that floodwater may have a natural course to follow and so that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam.
3.
To further protect Montgomery Township's constituents and the general public from flood hazards by promoting additional public health, welfare, and safety measures above and beyond those required in the Floodplain Management Regulations. Except in limited cases, the stream corridor requirements of this Section 16-16 (formerly subsection 16-6.4 prior to 2024) do not permit structures and development within the floodplain, special flood hazard areas, and/or stream corridor as defined herein.
4.
To prevent danger to persons, animals or property from rising floodwaters, and to allow for larger land surfaces to encourage greater water percolation and recharge of the underground water supply.
5.
To promote the development of a parklike network throughout Montgomery Township along watercourses.
6.
To permit only that development of flood prone areas and stream corridors within Montgomery Township which:
(a)
Is appropriate in light of the probability of flood damage and the need to reduce flood losses;
(b)
Represents an acceptable social and economic use of the land in relation to the hazards involved;
(c)
Does not increase the danger to human, plant or animal life; and
(d)
Provides that no decreases in the amount of available storage for floodwaters within the special flood hazard areas results from any development.
7.
To prohibit any other types of development including, without limitation, the dumping of solid or hazardous waste, the construction of subsurface sewage disposal systems, the storage of any petroleum products, the addition or removal of fill and the altering of watercourses, temporary roadways and grading, and to retain areas adjacent to streams free from structures and other obstructions.
8.
To protect property from the adverse effects of flooding, erosion, loss of vegetation, seepage, and downstream deposits of silt, gravel and stone, and to prevent burdensome costs to the public arising from such damage and its repair.
9.
To protect other municipalities within the same watersheds from improper stream corridor development and the increased potential for flooding or for reduced stream flows in dry weather.
10.
To prevent disturbance to the ecological balance between wildlife, plant and marine life, which are dependent upon watercourses, and their protective special flood hazard areas and slopes.
11.
To maintain the quality of streams in the Township, and to the extent any streams are impaired, improve their quality.
12.
To prevent the destruction of riparian areas and removal of riparian vegetation by development which can result in the deterioration of aquatic ecosystems and the impairment of healthy streams and waterways.
13.
To prevent excessive soil erosion and stormwater runoff.
14.
To protect environmentally fragile lands.
15.
Achieve the purposes and goals listed in subsection 16-15.1c.
b.
Coordination of critical areas with the Floodplain Management Regulations. Montgomery Township will administer and enforce Section 16-15 in conjunction with Section 16-16. All provisions of Section 16-15 are incorporated by reference herein as if fully restated.
c.
Abrogation and greater restrictions. This Section 16-16 is intended to expand on the Floodplain Management Regulations established in Section 16-15, however is not intended to repeal, abrogate, or impair any existing sections including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, and building codes, nor any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall govern.
