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Montgomery City Zoning Code

§ 16-16.7

Development and Permitting.

[Added 12-19-2024 by Ord. No. 24-1746]
a. 
Approvals. Zoning, floodplain development, construction, and any other applicable municipal permits, as well as any other approvals by any other agency having jurisdiction over an application, shall be obtained prior to any construction or development within a stream corridor. Where development in a stream corridor is proposed in a site plan, subdivision, or variance application, the Montgomery Township Planning Board or Zoning Board, whichever board has jurisdiction over the application, shall ensure the applicant meets the requirements of this section. When required, Board approval shall be obtained prior to submitting permit applications.
b. 
Fees. The fees for the permit applications shall be remitted at the time the application for the permit is submitted pursuant to subsection 16-9.1 of this chapter.
1. 
Exception. There shall be no additional zoning permit fee if the development in the stream corridor is proposed in a site plan, subdivision or variance application that has been approved by the Planning Board or Zoning Board. Other fees shall apply.
c. 
Submission requirements for Board applications. For all subdivision, site plan and variance applications, in addition to the applicable information required for Board approval stipulated in subsection 16-8.4 and Section 16-15 of this Chapter, the following information shall be provided:
1. 
Proposed finished grade elevations at the corners of any structure or structures;
2. 
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures, existing and proposed;
3. 
Elevation in relation to mean sea level to which any structure, existing or proposed, has been or will be floodproofed;
4. 
All required certifications by a licensed professional required pursuant to Section 16-15, including but not limited to those required for compliance with building codes, ASCE 24, floodway encroachment, flood carrying capacity (no impact), elevation certificates, flood proofing, breakaway walls, and lowest floor elevations;
5. 
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Where alteration or relocation of a watercourse is proposed, the applicant shall provide proof of prior written notification of the proposed alteration or relocation of a watercourse, including an engineering analysis and certification demonstrating the flood-carrying capacity will not be decreased, to the chief executive officer of adjacent government jurisdictions, the NJDEP Bureau of Flood Engineering, NJDEP Division of Land Resource Protection, and FEMA;
6. 
The extent of proposed or previous filling, cutting or regrading of the land, if any;
7. 
Proof of flood hazard area and, if applicable, floodway delineation obtained from or verified by NJDEP, and flood zone designations. Where a flood hazard area and floodway delineation has not been established by FEMA, NJDEP, including A Zones, the methods detailed in N.J.A.C. 7:13-3, as may be amended and/or supplemented from time to time, shall be utilized to determine the flood hazard area and floodway delineation;
8. 
The applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer 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 Planning Board or Zoning Board Engineer, as the case may be, at least two working days prior to testing. A detailed report of the test shall be submitted to the Planning Board or Zoning Board, as the case may be, for review; and
9. 
Base flood elevation data and Local Design Flood Elevation.
10. 
Operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications, if applicable.
d. 
Submission requirements for zoning, floodplain development, and municipal permit applications: For all other applications for development in a stream corridor, including applications for zoning permits and variances from the provision of this subsection, a plot plan shall be prepared in sufficient detail to show the proposed development, as applicable, to determine compliance with this chapter and shall include the following information:
1. 
Items listed under subsection 16-16.7c above, as applicable, to the proposed development;
2. 
The zoning district name and requirements, including a building coverage and lot coverage calculation;
3. 
The exact location of the proposed dwelling, driveway and any accessory structure(s) in relation to the zoning district setbacks and property lines, which are to be shown on the plan, and to any existing and proposed buildings, driveways, sidewalks, septic systems, utilities or other structures on the lot;
4. 
The location, type and width of all easements, including but not limited to conservation, drainage, utility, and emergency access, all covenants and all deed restrictions on the property, with metes and bounds description, where applicable;
Existing and proposed contours with intervals of one foot where slopes are less than 2% in grade and/or lots are less than 1/2 acre in size or intervals of two feet where slopes are more than 2% and/or lots are greater than 1/2 acre in size. All contour information shall refer to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified for consistency with available flood mapping). Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line;
5. 
Spot elevations at dwelling and/or accessory structure(s) corners, driveway, first floor, garage floor and basement floor elevations, lot corners, center line of street, edge of pavement and any other locations as necessary;
6. 
The height, number of stories and size of all existing and proposed building(s) and accessory structures and their existing or intended use, including the number of dwelling units within the building;
7. 
Number and location of off-street parking spaces, a detail of driveway and street intersection, including any sight triangles, and a profile and slope of the proposed driveway and typical pavement detail. Any proposed driveway shall comply with the provisions of subsection 16-5.8 of this chapter;
8. 
The location of all critical areas as identified in this section. Where flood hazard areas exist on site, a written certification by the engineer or surveyor is required stating that the lowest floor elevation of the structure, including the basement, is at least at or above the Local Design Flood Elevation plus freeboard as specified in subsection 16-15.2c;
9. 
Limits of disturbance delineation including area in square feet and acres. All wooded areas, any existing trees located within the limits of disturbance and 20 feet beyond the outer disturbance limits, all areas to be rehabilitated or replanted in accordance with this section and the tree requirements of Chapter 14, together with the method of rehabilitation, shall be shown;
10. 
A delineation and description of any proposed extension(s) of public utilities;
11. 
Soil erosion and sediment control plans shall include but not be limited to wheel cleaning blankets, location of sediment filter fences, and temporary and permanent seeding.
12. 
The existing surface drainage pattern shall include but not be limited to swales, ditches, brooks or other drainage patterns, and how it affects the subject property. Any proposed changes in the existing surface drainage pattern which will result from the construction of the structure proposed for the subject property shall be shown;
13. 
The proposed location of roof leader drains and sump pump discharge pipe outlet;
14. 
The location of any existing or proposed stormwater sewer system;
15. 
The location and grading of sanitary sewerage or an on-site sewage disposal system in accordance with Chapter BH6 of the Montgomery Township Board of Health Code and approved by the Health Department (a copy of the approved sewage system shall accompany the plan);
16. 
The location of any retaining walls with top and bottom of wall elevations. Plans, profiles, cross-sections, and details of all retaining walls showing the height of wall, the elevation at the top and bottom of each wall, the materials to be used, a profile and cross-section of the wall, any proposed plantings, any safety barriers, calculations of anticipated earth and hydrostatic pressures and surcharges, and calculations detailing the wall design shall be provided unless such documents were reviewed and approved as part of a subdivision or site plan application. All plans, details, and calculations shall be prepared, signed, and sealed by a licensed professional engineer;
17. 
Documentation for the valuation of the proposed work, including the valuation of ordinary maintenance and minor work, and market value of the structure, in a manner acceptable to the Floodplain Administrator to determine whether the project is subject to the substantial damage and/or substantial improvements. See subsection 16-15.3n.
(a) 
For all work within the Stream Corridor, property owners are required to report ordinary maintenance and minor work along with associated costs to the Township regardless whether construction permits are required.
18. 
Lot and block numbers as per the Township Tax Assessor or most current Tax Assessment Maps, and reference to Montgomery Township, in Somerset County;
19. 
Name, title, address, telephone number, license number, seal and signature of the professional or professionals who prepared the plat or plan; and
20. 
Name, address and phone number of the owner or owners of record.