[Amended 12-4-1997 by Ord. No. 97-44]
It is hereby found that the South Branch of the Raritan River and the following streams and their tributaries: Capoolong Creek, Lackatong Creek, Wichecheoke Creek, Assiscong Creek and Grandin Creek in the Township, are and may be 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 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 a regulation of property located therein as provided in this chapter, which is in the exercise of the police power of the municipality for the protection of the persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.
A. 
This chapter specifically includes by reference thereto Plates SB-13, 14, 15, 16 and 17, entitled "Delineation of Floodway and Flood Hazard Area, South Branch Raritan River," contained in Flood Hazard Report No. 11, published by the Division of Water Policy and Supply, Department of Conservation and Economic Development, State of New Jersey, prepared by Anderson-Nichols and Company, Inc., showing the floodway limit and flood hazard area limit along the South Branch of the Raritan River, on file in the office of the Clerk of the Township, together with any official revisions, amendments and supplements thereto as may be approved from time to time, provided that they are in agreement with the floodplain criteria and further approved by the State of New Jersey Department of Environmental Protection, Division of Water Resources, or its successor agency, together with any other reports so promulgated covering the above streams located in the Township.
B. 
There is also incorporated by reference hereto any maps defining additional areas of potential flooding for these watercourses in the Township which may from time to time be prepared by the Soil Conservation Service, United States Department of Agriculture, in which floodplain soils and terrace soils are defined and delineated in agreement with floodplain criteria approved by the United States Department of Agriculture. The floodplain soils in such reports shall be treated as floodways, as herein defined, and the terrace soils and floodplain soils in such reports shall be treated as flood hazard areas, as herein defined. This chapter shall also incorporate by reference any maps now or hereafter prepared by the Corps of Engineers in connection with any application for flood insurance. Any applicant seeking a building permit for approval of a subdivision or site plan review plat may be requested by the Township Land Use Board to secure a precise delineation by metes and bounds to be made by the Township Engineer in accordance with this chapter if an undelineated stream crosses or affects his property. The applicant shall directly pay the fee of the Township Engineer for said service.
The following regulations shall govern developments in the floodway and flood hazard area:
A. 
No building or structure shall be erected or moved or externally altered, or added to or enlarged, nor shall any material or equipment be stored, nor shall any fill be placed, nor shall the elevation of any land be changed in the floodway, except in accordance with a permit issued therefor as provided by this chapter; provided, however, that accepted practice of farming and the harvesting of crops and other agricultural and horticultural activities are not included in the foregoing prohibitions.
B. 
No building or structure shall be erected or moved into or externally altered, added to or enlarged in the flood hazard areas outside the floodway if the elevation of any floor thereof, including the cellar floor, shall be less than one foot above the flood hazard area, except in accordance with the permit issued therefor as provided by this chapter.
C. 
If interpretation of the flood maps or any report with respect to exact limit of the floodway or flood hazard area is requested by an applicant or necessary to comply with this chapter for a proposed development, the Township Engineer shall, at the applicant's expense, determine the precise location by metes and bounds of the floodway or flood hazard area limit and cause the same to be marked on the ground by a surveyor's marker and notify the applicant, the Construction Code Official and the Land Use Board of the results thereof.
The following procedure shall govern the issuance of such permits:
A. 
The property owner shall apply to the Construction Code Official for approval of development plans which shall be submitted with the application. Such plans shall include a true and accurate plot plan drawn by a licensed engineer, submitted in triplicate, drawn to a scale of not less than one inch equals 50 feet, with contour lines at intervals of not more than one foot, showing:
(1) 
The exact size, shape, location and elevation of existing and proposed buildings and structures and of any proposed fill or regrading.
(2) 
The exact dimensions and acreage of each lot or plot to be built upon or otherwise used.
(3) 
The location of the floodway and flood hazard area limits.
(4) 
The location, layout and elevation of existing and proposed parking areas, driveways, drainage, sewer and water facilities and connections, plantings, seedings, screenings, fences and signs.
(5) 
Such other information as shall be reasonably required for the evaluation of the effect of the development upon flood control.
B. 
The Construction Code Official shall, within 10 days after receiving the application, forward the same and the development plan submitted therewith, together with his written report thereon, to the Land Use Board for review. If it is indicated that any variance is needed from the provisions of this chapter, the Land Use Board shall nevertheless review the application as herein provided, but approval thereof by the Land Use Board shall not relieve the applicant from complying with the provisions of this chapter, nor shall it constitute a recommendation of any zoning variance that the applicant may hereafter seek from the Land Use Board.
C. 
The Land Use Board shall refer the application to the State Division of Water Resources for report and recommendation, and the Board shall not take final action thereon until after such report and recommendation have been received or until after 30 days shall have elapsed from the date of such reference without receipt of such report and recommendation. The Land Use Board shall review the application and, after giving the applicant an opportunity to appear and be heard with respect thereto, shall recommend approval or disapproval of the same, being guided in its action by the standards set forth in this chapter. Approval may be made conditional upon the applicant's adoption of specified changes. The Board shall state its recommendations and the reasons for its action in writing, and a copy thereof shall be given to the applicant.
In reviewing applications submitted under § 220-17, the Land Use Board shall consider and be guided by the general purposes set forth in § 220-14 and, in addition, shall apply the following standards:
A. 
As to developments in the floodway, primary consideration shall be given to preserving this area as defining the minimum capacity required for the passage of flood flow 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, the temporary storage of material or equipment in connection with 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.
B. 
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. Exceptions from the prohibitions of § 220-16B shall therefore be permitted only where the building or structure is not designed or intended as a human dwelling place, is not intended to house property of a value greater than its own value and will not by reason of its size, shape, construction or location have any substantial adverse effect upon the functioning of the floodway.
On all undelineated streams in the Township for which the Township Engineer's analysis of alluvial soils does not predicate a larger floodplain area than 30 feet from the center line of the stream on each side thereof, such distance of 30 feet from the center line thereof shall be deemed by the Land Use Board to be the minimum required easement necessary for stream maintenance and protection of the public health, safety and general welfare. This minimum requirement pertains to the river, brooks, creeks and tributaries thereof named in § 220-14.
This article does not imply that areas outside the FP Floodplain Zone will be free from flooding or flood damage, and this article shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
The foregoing notwithstanding, development within a floodplain is permitted if authorized by a stream encroachment permit issued by the New Jersey Department of Environmental Protection.