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Montgomery City Zoning Code

§ 16-16.2

Applicability and Interpretation of Stream Corridors.

[Added 12-19-2024 by Ord. No. 24-1746]
a. 
Basis for establishing critical areas. The mapping of the critical areas within Montgomery Township is indicated on the map entitled "Critical Areas", dated October, 2024, which is part of this section and may be amended from time to time.[1] As noted on the map, the basis for the delineation of critical areas are as follows, as may be amended from time to time:
1. 
Special Flood Hazard Areas as shown on the Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA) and effective date of November 4, 2016.
Regarding special flood hazard areas, flood hazard areas and areas of special flood hazard, it is recognized that more such areas might exist in the Township than those already mapped. The basis for establishing Flood Hazard Areas are listed in Section 16-15.2.
Moreover, the NJDEP, in accordance with the Flood Hazard Area Control Act (N.J.S.A. 58-16A 50 et seq.), has adopted N.J.A.C. 7:13 and has mapped certain flood hazard areas in Montgomery Township. This Section in combination with Section 16-15 establishes using the Best Available Flood Hazard Data to determine the Local Design Flood Elevation in cases where multiple sources of mapping exist, the most restrictive flood hazard area of the latest information of each delineation shall take precedence, subject to verification by the Township Engineer. In any event, the flood hazard areas shall not be reduced from those established in Subsection 16-15.2.
2. 
Steep Slope areas were established using the Township's 2019 Digital Elevation Model for topographic slopes 15% and greater; and
3. 
Wetlands mapping as shown on the New Jersey Department of Environmental Protection's (NJDEP), 2015 Land Use/Land Cover GIS Dataset. However, Montgomery Township may require an applicant to obtain Letters of Interpretation (LOI or LOIs) from NJDEP to demonstrate the presence or absence of wetlands and transition areas in accordance with N.J.A.C. 7:7A. Where Letters of Interpretation (LOI or LOIs) are issued, the established wetlands and transition areas shall take precedence over the Land Use/Land Cover Wetlands GIS Dataset, noting that the boundaries will be considered accurate as long as the LOI is valid. New LOIs will be required to establish the wetlands and transition areas on any parcel(s) once a previously issued LOI has expired. Wetlands and transition areas established by NJDEP LOI's are not shown on the Township Critical Areas Map. Wetlands transition areas shall also be considered critical areas; and
4. 
Hydric Soils (Bowmansville, Cokesbury, Croton, Elkton, Fluvaquents, Lamington, Parsippany, Parsippany Variant, or Watchung soils) were extracted from the 2020 Soil Survey Geographic (SSURGO) Database prepared by the United States Department of Agriculture - Natural Resource Conservation Service; and
5. 
Stream Corridors were established by the Montgomery Township Hydrography Map, dated October, 2024, based on data from the Township's 2019 topographic mapping, the 2015 United States Geological Survey (USGS) National Hydrography Dataset, NJDEP Category One data, and other NJDEP mapped water features.
The Township GIS (geographic information system) and Natural Resource Inventory may provide the basis for additional or more accurate mapping of critical areas within the Township.
Additionally, while information depicted on the map has been prepared as accurately as possible; nevertheless, it must be understood that detailed information mapped at such a small scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to and subjected to independent verification by the Township at the time applications are submitted for approval of a subdivision, site plan, construction permit, zoning permit, and/or any other municipal application which considers the "critical areas" categories of information depicted on the map or regulated under this section. In addition, the applicant must apply for a FEMA CLOMR. The Critical Areas Map may be found attached to this section.[2]
[2]
Editor's Note: The "Critical Areas" map is included as an attachment to this chapter.
[1]
Editor's Note: The "Critical Areas" map is included as an attachment to this Chapter.
b. 
Interpretation. In the interpretation and application of this subsection, all provisions shall be:
1. 
Considered as minimum requirements;
2. 
Construed in favor of Montgomery Township; and
3. 
Deemed neither to limit nor repeal any other powers granted under State statutes.