Union Township City Zoning Code
§ 30-6.6
Floodplain District.
[Ord. No. 85-9, § 605]
a.
Purpose. The purpose of these provisions is to prevent the loss of property and life, the creation of health and safety hazards, and the disruption of commercial and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
1.
Regulating uses, activities, and developments which, acting alone or in combination with other existing or future uses, activities and developments, will cause increases in flood heights, velocities, and frequencies;
2.
Restricting or prohibiting certain uses, activities, and developments from locating within areas subject to flooding;
3.
Requiring all those uses, activities, and developments that do occur in flood prone areas to be protected and/or floodproofed against flooding and flood damage;
4.
Protecting individuals from buying lands and structures which are unsuitable for intended purposes because of flood hazards.
b.
Applicability. These provisions shall apply to all lands within the jurisdiction of the municipality shown as being located within the boundaries of the designated flood hazard area identified by the Federal Insurance Administration in a scientific and engineering report entitled, "The Flood Insurance Study for the Township of Union, Hunterdon County, New Jersey," dated October, 1981, with accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps which is hereby adopted by reference and declared to be a part of this chapter.
c.
Compliance. No structure or land shall hereafter be used and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations which apply to structures and uses within the jurisdiction of this chapter, including the Technical Manual for Stream Encroachment (1984) prepared by the New Jersey Department of Environmental Protection.
d.
Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain district, or that land uses permitted within such district will be free from flooding or flood damages. This chapter shall not create liability on the part of the municipality or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
e.
Establishment of the Floodplain Zoning District.
1.
Description of Districts.
(a)
Basis of District: The Floodplain District shall include areas subject to inundation by water of the 100-year flood. The basis for the delineation of this district shall be the flood hazard area identified by the Federal Insurance Administration in a scientific and engineering report entitled. "The Flood Insurance Study for the Township of Union, Hunterdon County, New Jersey," dated October, 1981, with accompanying Flood Insurance Rate Maps and Flood Boundary Floodway Maps which is hereby adopted by reference and declared to be a part of this chapter. For the purposes of this chapter, the following nomenclature is used in referring to the various kinds of floodplain areas:
(1)
The FW (Floodway Area) is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than 0.2 foot at any point. The areas included in this area are specifically defined in the above mentioned flood hazard report.
(2)
The FF (Flood Fringe Area) shall be that area of the 100-year floodplain not included in the floodway. The basis for the outermost boundary of this district shall be the 100-year flood elevations.
(3)
The FA (Approximated Flood Plain) shall be that area of the 100-year floodplain for which no detailed flood profiles or elevations are provided in the above referenced study. In determining the 100-year flood elevations, the applicant for a proposed development shall utilize appropriate hydrologic and hydraulic engineering techniques as discussed in (b) below.
(b)
In areas of the municipality where no detailed flood profiles or elevations have been provided by the Department of Environmental Protection, the Floodplain District shall be generalized to include the approximated floodplain (FA) and land areas which contain soil characteristics clearly indicative of flooding conditions, hereinafter referred to as "floodplain soils". In these designated areas, the floodplain soils shall be subject to the Floodplain District regulations contained herein. The floodplain soils shall include any one or combination of the following soil classifications, as defined in the Soil Survey of Hunterdon County, New Jersey, prepared by the U.S. Soil Conservation Service:
Name Alluvial Land Bowmansville Series Pope Loam Raritan Rowland Silt Loam |
Where the specific 100-year flood elevation has not been detailed in the Flood Hazard Study, the floodplain soils shall govern unless the applicant for the proposed use, development and/or activity determines this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analysis shall be undertaken at the expense of the applicant by professional engineers or others of demonstrated qualifications, who shall certify that the methods used correctly reflect currently accepted technical concepts. Soil mapping may be verified by the applicant by on-site testing. Studies, analysis, computation, etc. shall be submitted in sufficient detail to allow a thorough technical review by the Township Engineer. |
(c)
Overlay Concept.
(1)
The Floodplain District described above shall be an overlay to the existing underlying districts, and the provisions for the Floodplain District shall serve as a supplement to the underlying district provisions.
(2)
Where there happens to be any conflict between the provisions or requirements of the Floodplain District and those of any underlying district, the more restrictive provisions shall apply.
(3)
In the event any provision concerning the Floodplain District is declared in-applicable as a result of any legislative or administrative actions or judicial decisions, the basic underlying district provisions shall remain applicable.
f.
District Boundary Changes. The delineation of the Floodplain District may be revised by the municipality where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers, a River Basin Commission, or other qualified agency or individual. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.
g.
Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain District shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the district, the Zoning Board of Adjustment shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Zoning Board of Adjustment and to submit his own technical evidence if he so desires, in accordance with § 30-11.6.
h.
Floodplain District Provisions.
1.
General Provisions.
(a)
All uses, activities, and developments occurring within the Floodplain District shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, such as the Township Building Code and the subdivisions and site plan ordinance. In addition, all such uses, activities, and the developments shall be undertaken only in compliance with Federal or State law, including Section 404 of the Federal Waste Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(b)
Under no circumstances shall any use, activity, and/or development lower the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
(c)
Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the New Jersey Department of Environmental Protection.
(d)
Further, notification of the proposal by the municipality shall be given to all affected adjacent municipalities. Copies of such notification shall be forwarded to the Federal Insurance Administration.
(e)
In the Floodplain District, no development shall be permitted except where any rise in flood heights caused by the proposed development will be fully offset by accompanying improvements which have been approved by all appropriate local, State and Federal authorities as required above.
(f)
Regulation of Particular Obstructions. The following list of obstructions and activities present special hazards in floodplains:
(1)
Hospitals - public or private,
(2)
Nursing homes - public or private,
(3)
Jails; and
(4)
Mobile homes, whether on an individual lot or in an existing or proposed mobile home park.
No construction, enlargement, or expansion of any prime obstructions, or commencement of any prime activities listed above shall be undertaken in any 100-year floodplain.
(g)
All new or replacement public sanitary sewer facilities shall be designed to minimize or eliminate infiltration of flood waters into systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impact.
All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system, and be located and constructed to minimize the chance of impairment during a flood.
All utilities such as gas lines, electrical, and telephone systems being placed in the floodplain should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flood. Adequate drainage shall be provided to reduce exposure to flood hazards.
(h)
Structure Anchoring. Any structure placed in the floodplain shall be anchored firmly to prevent flotation, collapse, or lateral movement. The Zoning Officer shall require the applicant to submit the written opinion of a licensed engineer that the proposed structural design meets these criterion.
(i)
Private Sewage Treatment and/or Disposal System. No part of any private sewage treatment and/or disposal system related to the treatment and renovation of sewage effluent shall be constructed within the floodplain.
(j)
Storage of Materials. No materials that can float, that are explosive, or that are toxic to humans, animals, or vegetation shall be stored in the floodplain. Any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the dangerous materials or substances, including but not limited to the following, on the premises, shall not be permitted in the floodplain:
(1)
Acetone.
(2)
Ammonia.
(3)
Benzene.
(4)
Calcium carbide.
(5)
Carbon disulfide.
(6)
Celluloid.
(7)
Chlorine.
(8)
Hydrochloric acid.
(9)
Hydrocyanic acid.
(10)
Magnesium.
(11)
Nitric acid and oxides of nitrogen.
(12)
Petroleum products (gasoline, fuel oil, etc.).
(13)
Phosphorus.
(14)
Potassium.
(15)
Sodium.
(16)
Sulphur and sulphur products.
(17)
Pesticides (including insecticides, fungicides and rodenticides).
(18)
Radioactive substances, insofar as such substances are not otherwise regulated.
2.
Permitted Uses. In the Floodplain District the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structure, fill, or storage of materials and equipment.
(a)
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(b)
Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, and hunting and fishing areas;
(c)
Accessory residential uses, such as yard areas, gardens, play areas, and previous parking areas;
(d)
Accessory commercial uses, such as yard areas and previous parking and loading areas.
3.
Expansion of Existing Buildings or Structures. When permitted as a variance by the Board of Adjustment, any building or structure, with the exception of those listed in Subsection h, 1(f), located within the floodplain at the time of enactment of this chapter may be altered or extended, provided that:
(a)
The alteration or extension conforms with all applicable regulations of this chapter.
(b)
The alteration does not constitute a substantial improvement 50% or more of the structure's market value.
(c)
Any increase in volume or area shall not exceed an aggregate of more than 25% of such volume or area during the life of the structure.
(d)
No alterations to individual or community sewage system, either wholly or partially in the floodplain, shall be permitted without the written approval of the Hunterdon County Board of Health or other appropriate State or County officials.
i.
Variances; Additional Factors To Be Considered. In passing upon applications for variances, the Zoning Board of Adjustment shall consider all relevant factors and procedures specified in other sections of the zoning ordinance and the following:
1.
The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, activity, or development that will cause any increase in flood levels in the Floodplain District as delineated in the Flood Hazard Study referenced in Subsection e, 1(a).
2.
The danger that materials may be swept on to other lands or downstream to the injury of others.
3.
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
4.
The susceptability of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
5.
The importance of services provided by the proposed facility to the community.
6.
The requirements of the facility for a waterfront location.
7.
The availability of alternative locations not subject to flooding for the proposed use.
8.
The compatibility of the proposed use with existing development anticipated in the foreseeable future.
9.
The relationship of the proposed use to the comprehensive master plan and floodplain management program for the area.
10.
The safety of access to the property by ordinary and emergency vehicles in times of flood.
11.
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water at the site.
12.
The Zoning Board of Adjustment may refer any application and accompanying documentation pertaining to any request for a variance to any qualified engineer, person, or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters.
13.
Variances shall only be used after the Zoning Board of Adjustment has determined that the granting of such will not result in:
j.
Elevation and Floodproofing Requirements. In any case where development is allowed within the 100-year floodplain, the following conditions shall be met:
1.
Residential Structures. Within the Floodplain District area, the lowest floor, including the basement of any new or substantially improved residential structure, shall be at least 1 1/2 feet above the 100-year flood elevation. The structure shall be anchored to prevent collapse, flotation, and lateral movement.
2.
Nonresidential Structures. Within the Floodplain District, the lowest floor, including any basement or storage area, shall be at least 1 1/2 feet above the 100-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain completely dry during any flood up to that height. As approved by the Zoning Board of Adjustment, the space may be designed and constructed so that the space enclosed by such structure shall remain essentially dry during any flood up to said height. In addition, the structure shall be anchored to prevent collapse, flotation, and lateral movement.
3.
Plans for all proposed buildings, structures, and other improvements, drawn at suitable scale showing the following:
(a)
The proposed lowest floor elevation for any proposed building based upon National Geodetic Vertical Datum of 1929;
(b)
The elevation of the 100-year flood;
(c)
If available, information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100-year flood; and
(d)
Detailed information concerning any proposed floodproofing measures.
4.
The following data and documentation shall accompany the plans:
(a)
A document, certified by a licensed engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the 100-year flood elevations, pressures, velocities, impact and uplift forces associated with the 100-year flood. Such statement shall include a description of the type and extent of floodproofing measures which have been incorporated into the design of the structure and/or development.
k.
Administration. A zoning permit shall be required for all construction and development which includes, but is not limited to, paving, filling, grading, excavation, mining, dredging, or drilling operations, etc.