It is hereby found that certain streams, creeks and waterways of the Township are subject to recurring flooding, that such flooding damages and endangers life and public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this chapter, which is in the exercise of the regulatory power of the Township, for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.

The intent of this article shall be to protect areas of floodplain subject to and necessary for the containment of floodwaters and to permit and encourage the retention of open space land uses which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Township.

To combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Township.

To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding.

To minimize danger to public health by protecting the quality and quantity of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.

To permit only those uses which can be appropriately located in the floodplain, as herein defined, and which will not impede the flow or storage of floodwaters or otherwise cause danger to life and property at, above or below their locations along the floodplains.

To provide sufficient drainage courses to carry abnormal flows or stormwater in periods of heavy precipitation.

To reduce the financial burdens imposed on the community, its governmental units and its individuals by frequent and periodic floods and overflow of lands.

To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.

To protect the entire Township from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township.

To maintain undisturbed the ecological balance between those natural systems elements, including wildlife, vegetation and marine life, dependent upon watercourses and water areas.

To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding.

To provide areas for the temporary natural storage of floodwaters.

To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with the purpose and requirements of the National Flood Insurance Program, P.L. 93-234.

This section consists of this text and the floodplain map prepared by the Township as to the delineation of floodplains. Such map is on file in the office of the Township Clerk and is incorporated in this section by reference as though fully set forth in this text. However, the Planning Board Engineer may modify the one-hundred-year storm criteria based on specific circumstances.

All other streams and waterways in the Township not included above are deemed to be floodplains. Twenty feet on both sides of streams, as measured from the center line of streams, are presumed to be floodplains in the absence of proof to the contrary.

This section shall also consist of any and all reports, maps, revisions and amendments of these texts as may be prepared from time to time, provided that such additional documents are in agreement with the Planning Board Engineer, Corps of Engineers, Soil Conservation Service or any agency of the United States government authorized to define floodplain criteria.

In cases of doubt, uncertainty or a dispute as to the exact limits of the floodplain, the floodway or flood hazard area in a proposed development, the applicant's engineer shall submit all of the appropriate floodplain data, topography, hydrology, hydrolics and any other information required by the Planning Board. After receipt of the complete data, the Planning Board Engineer, upon the application and with the consent of the landowner, shall determine the precise location of a floodplain, floodway or flood hazard area limit by close inspection, field survey or other appropriate method and cause the same to be marked on the ground, notifying the landowner, the Building Inspector and the Planning Board of the results thereof. The cost of such engineering shall be borne by the applicant.

The FP Floodplain Conservation District shall be deemed an overlay on any zoning district now or hereafter applicable to any lot.

Should this district be declared inapplicable to any tract, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this article. In appropriate cases, the center line of the streams shall be the district boundary line.

Should the zoning of any parcel, or any part hereof, in which this district is located be changed through any legislative or administrative actions or judicial decision, such change shall have no effect on this district unless such change was included as part of the original application.[1]

All freestanding structures and buildings and retaining walls, with the exception of flood retention dams, culverts and bridges as approved by the New Jersey Department of Environmental Protection.

The filling of or removal of topsoil from all floodplain lands, except as approved under the provisions of this article.

The relocation of any watercourse without approval by the Planning Board, the Soil Conservation Service of the United States Department of Agriculture and the New Jersey Department of Environmental Protection.

Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and materials.

On-site sewage disposal systems.

Private water supply wells for potable purposes.

Cultivation and harvesting of crops according to recognized soil conservation practices.

Pasture and grazing of animals.

Outdoor plant nursery or orchard.

Wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and bridle trails, but not including facilities subject to damage by flooding.

Game farms, fish hatchery or hunting and fishing reserve for the protection and propagation of wildlife, but not permitting any structures.

Forestry, lumbering and reforestation according to recognized natural resources conservation practices.

Residential front, side and/or rear yards and uses customarily incidental thereto, except that no structures or dwellings shall be permitted within 100 feet of the floodplain, except as permitted by the Planning Board upon submittal of acceptable proofs. Inclusions of floodplain lands within the residential lots in order to meet minimum lot area or yard requirements is contingent upon complying with the objectives and standards set forth in the declaration of legislative intent of this article and with any other pertinent Township regulations. If such compliance cannot be shown, the land area within this district shall not be included for purposes of determining lot areas or yard requirements.

Normal accessory uses permitted under the applicable zoning district and as further restricted by the standards set forth in this article.

Recreational uses, whether open to the public or restricted to private use, such as parks, camps, picnic areas, fishing areas and sport or boating clubs, not to include enclosed structures, except floodproof toilet facilities, but permitting piers, docks, floats or unenclosed shelters usually found in developed outdoor recreational areas. Any floodproof toilet facilities provided shall be connected to public water and sewerage systems.

Sewage treatment plant, outlet installations for sewage treatment plants and sewage pumping stations with the approval of the Planning Board Engineer, appropriate sewer authorities and the New Jersey Department of Environmental Protection when accompanied by documentation as to the necessity for locating within the boundaries of this district.

Dams, culverts and bridges with the approval of appropriate authorities with jurisdiction, such as the Department of Environmental Protection.

Sanitary or storm sewers and impoundment basins, with the approval of the Planning Board Engineer and the New Jersey Department of Environmental Protection.

Utility transmission lines.

Roads, driveways and parking facilities.

Grading or regrading of lands, including the deposit of topsoil and the grading thereof. The application for such a use shall be accompanied by the following:

The applicant shall apply to the Planning Board in accordance with either the site development plan procedures or the subdivision procedures.[1]

In addition to the information required in the above noted procedures, the applicant shall also furnish a plan certified by a registered professional engineer showing the following data:

The following additional information may be deemed necessary by the Planning Board or Planning Board Engineer for the evaluation of effects of the proposal upon flood flows and floodwater storage and to render a decision on the proposed floodplain use:

As to developments in the floodway, primary consideration shall be given to preserving this area by defining the minimum capacity required for the passage of flood flows without aggravating flood conditions upstream and downstream. Encroachments therein shall therefore be permitted most sparingly and only in cases in which the public interest will be served, such as bridges, roads, utility installations and the like, and the temporary storage of materials or equipment in connection therewith and during the construction thereof, or where the obstruction is minimal, such as surface parking or recreation areas, open fencing and the like, and then, in either case, only in accordance with conditions designed to limit the obstruction to the practicable minimum.

As to developments in the flood hazard area outside the floodway, primary consideration shall be given to the protection of persons and property involved in the development, and such consideration shall not be avoided by the waiver of the applicant. Normal accessory uses shall be permitted only where the building or structure is not designed or intended as a human dwelling place and will not, by reason of its size, shape, construction or location, have any adverse effect upon the functioning of the floodway.