Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[1967 Code § 26-1]
This chapter shall be known and may be cited as "The Flood Fringe Regulations of the Borough of Bound Brook".
[1967 Code § 26-2]
It is hereby determined that the flood fringe areas of delineated streams within the Borough of Bound Brook are subjected to flooding and that such flooding is a danger to the lives and properties of public; that such flooding is also a danger to the natural resources of the Borough of Bound Brook, Somerset County, and the State; that unregulated development, the placement of fill, or construction within these flood fringe areas results in increased flood damages, erosion damages and adverse impacts on the ecological resources within and downstream of the Borough of Bound Brook. It is therefore determined that it is in the public's interest to regulate the development of real property and site alteration within the flood fringe areas of delineated streams pursuant to the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and related rules, N.J.A.C. 7:13 and to establish standards to regulate construction and the placement of fill within these areas. The Borough of Bound Brook hereby accepts the responsibility empowered to it by the Flood Hazard Area Control Act to regulate stream encroachments within the flood fringe areas of delineated streams.
[1967 Code § 26-3]
As used in this chapter:
Words and terms used in this chapter shall have the meanings given to them in the State Flood Hazard Area Regulations, N.J.A.C. 7:13-1.2. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
ACT
The Flood Hazard Area Control Act, N.J.A.C. 58:16A-50 et seq.
ALTERATION
Changes in banks, bed and vicinity of a stream which may affect its flood carrying capacity or environment.
APPLICANT
The owner of the property on which the permit is applied for or his legal agent.
APPLICATION
The Board's application form.
BOARD
That entity that has been given the authority to enforce this chapter by the municipal Governing Body.
DAM
Any artificial dike, levee or other barrier together with appurtenant works, which is constructed for the primary purpose of impounding water on a permanent or temporary basis that raises the water level five feet or more above its usual mean low water height to the emergency spillway crest or in the absence of an emergency spillway, the top of dam.
DELINEATED STREAM
A stream that has a delineated floodway that has been officially adopted by NJDEP and published in New Jersey Register.
ENCROACHMENT LINE
A line encompassing the channel of a natural stream and portions of the one-hundred-year floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream. It is approximately equal to the floodway line along delineated streams. Methods for determining this line are set out in N.J.A.C. 7:13-1.8 and in the Manual.
EXCEPTIONAL AND UNDER HARDSHIP
Situations which strict compliance with this chapter would result in peculiar and substantial burdens upon the applicant or owner and where such compliance would not be necessary to avoid substantial detriment to the public health, safety and general welfare.
FLOOD DAMAGE POTENTIAL
The susceptibility at a particular site to damage by potential floods at that site, as well as increased off-site flooding or flood related damages caused by such use.
FLOOD FRINGE
That portion of the flood hazard area not designated as the floodway.
FLOOD HAZARD AREA
The floodway and the flood fringe area of a delineated stream.
FLOOD HAZARD AREA DESIGN FLOOD
The one-hundred-year storm in nondelineated areas and the one-hundred-year storm plus 25% in delineated areas.
FLOOD HAZARD DESIGN ELEVATION
The elevation of the flood hazard area design flood.
FLOOD PLAIN
The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water.
FLOODPROOFING
Any combination of structural and nonstructural design features, additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream.
HAZARDOUS MATERIALS
Any waste or combination of waste which poses a present or potential threat to human health, living organisms or the environment.
a. 
It shall include waste material that is toxic, carcinogenic, genetically harmful, corrosive, irritating or sensitizing, radioactive, biologically infectious, explosive or flammable.
b. 
It includes, but need not be limited to, those materials and concentrations of materials that are determined to be toxic by the Federal Secretary of Health and Human Services pursuant to § 20(6) of the Occupational Safety and Health Act of 1970 (Public Law 91-595, OSHA) and those materials listed in the current Part 172, Title 49 of the Code of Federal Regulations issued by the Federal Department of Transportation.
MAJOR PROJECT
That class of project defined as major in the ninety-day rules N.J.A.C. 7:1C-1.
MANUAL
The Technical Manual on Stream Encroachment published by the Department of Environmental Protection (NJDEP) in draft form in December, 1981 and any subsequent amendments thereto.
MINOR PROJECT
That class of project defined as minor in the ninety-day rules.
MLUL
The Municipal Land Use Law, N.J.A.C. 40:55D-1 et seq.
NET FILL
Additional earth or other fill beyond the total quantity already present above the low water level of the stream or ground water level (whichever is higher) in that portion of the project site which is in the flood hazard area or one-hundred-year flood plain.
NINETY DAY RULES
N.J.A.C. 7:1C (ninety-day Construction Permits).
NJDEP
The New Jersey Department of Environmental Protection.
NON-TROUT WATERS
The non-trout waters identified in the NJDEP's Surface Water Quality Standards (N.J.A.C. 7:9-4.1 et seq.)
NONREGULATED USE
Any use set forth in N.J.A.C. 7:13-3.2 and 4.5.
PROHIBITED USE
A use which shall not be allowed under any circumstances.
PROJECTS OF SPECIAL CONCERN
Stream encroachment projects which must be permitted by the NJDEP and which, because of their potentially serious adverse effects, will be subject to the special conditions described in N.J.A.C. 7:13-5.
REGULATED USE
Any use which is subject to the provisions of the sections of this chapter dealing with regulated uses.
STREAM ENCROACHMENT
Any structure, alteration, filling, construction or other activity within the area which would be inundated by the one-hundred-year flood of any nondelineated stream or within the flood hazard area of a delineated stream.
STREAM ENCROACHMENT PERMIT
A permit issued by the Department, delegated agency or municipality under the provisions of N.J.S.A. 58:16A-50 et seq. and N.J.A.C. 7:13.
STRUCTURE
Any assembly of materials above or below the surface of land or water including, but not limited to, buildings, fences, except as provided in this chapter, dams, fills, levees, bulkheads, dikes, jetties, embankments, causeways, culverts, roads, railroads, bridges and the facilities of any utility or governmental agency. Trees or other vegetation shall not be considered to be structures.
TROUT MAINTENANCE WATERS
The trout maintenance waters identified in the NJDEP's Surface Water Quality Standards (N.J.A.C. 7:9-4).
TROUT PRODUCTION WATERS
The trout production waters identified in the NJDEP's Surface Water Quality Standards (N.J.A.C. 7:9-4).
TROUT STOCKED WATERS
Waters that are stocked with trout by the NJDEP's Division of Fish, Game and Wildlife, as listed in the Fish Code adopted by the New Jersey Fish and Game Council.
TROUT-ASSOCIATED STREAMS
Streams that are:
a. 
Trout production waters;
b. 
Trout maintenance waters;
c. 
Non-trout waters upstream from trout production waters (with or without intervening trout maintenance waters); or
d. 
Non-trout waters less than one mile upstream from trout maintenance waters that are not upstream from trout production waters.
[1967 Code § 26-4.1]
This chapter shall apply to all regulated uses within the flood fringe of delineated streams. Regulated uses within the delineated floodway and the one-hundred-year flood plains of nondelineated streams require the approval of NJDEP. Regulated uses are defined in N.J.A.C. 7:13-4.7 and also as set forth as follows:
a. 
Regulated uses are all land uses within the flood fringe area of delineated streams except for nonregulated uses and prohibited uses as defined herein and N.J.A.C. 7:13-4.5 and 4.6.
b. 
No person shall engage in a regulated use within a delineated flood fringe area or until he has received a Stream Encroachment Permit from the Borough or NJDEP.
c. 
Prohibited uses. The disposal of pesticides, industrial wastes, radioactive materials, petroleum products or other hazardous materials shall not be permitted within the flood fringe area. Waste water and water treatment plants may be permitted and shall comply with this chapter.
[1967 Code § 26-4.2]
a. 
For purposes of this chapter nonregulated uses are land uses within flood fringe areas which:
1. 
Do not require the construction of structures with an area of more than 100 square feet or major regrading; and
2. 
Do not require modification or relocation of any channel.
b. 
Nonregulated uses must satisfy the conditions of Subsection a above and may include, but are not limited to, the following:
1. 
Residential. Improvements such as lawns, play areas, gardens, landscaping, fences, anchored dog houses and auxiliary utility buildings, driveways, barbecues, and additions of no more than 200 square feet to existing residential structures.
2. 
Private and public recreation. Playing fields, bike paths, picnic grounds, fences, swimming areas, parks, wildlife and nature preserves, game farms, hunting and fishing areas, shooting preserves, hiking and horseback riding trails, tennis courts, basketball courts, driving ranges, fish hatcheries and anchored auxiliary utility buildings.
3. 
Agriculture. General cultivation, pasture, grazing, fences, irrigation, outdoor plants, nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. Specific soil conservation practices such as terracing, construction of diversions, subsurface drainage and the construction of grassed waterways and dug ponds will be considered nonregulated uses but only when designed and constructed under the supervision of the appropriate Soil Conservation District. Anchored plastic covered greenhouses and other anchored auxiliary utility buildings constructed without permanent foundations, and fences associated with agricultural uses, are nonregulated.
4. 
Utility Poles and Towers.
[1967 Code § 26-5.1]
The following required information for all applications shall be submitted to the Borough or Borough Planning Board as required.
a. 
The application form must be completed by the applicant or his agent including all signatures and seals. Notarization is not necessary.
b. 
The engineering data sheet must be completed and all information as required by the engineering data sheet for the type of project must be supplied.
c. 
The fee as required by § 32-9 must be paid.
d. 
Certification of notification required by Subsection 32-5.2 below for major projects and projects of special concern must be included with the application.
e. 
Five sets of plans must be prepared in accordance with requirements outlined on the engineering data sheet.
f. 
Hydrologic and hydraulic computations (for major projects only) must be supplied as outlined in the engineering data sheet.
g. 
Except for applications by government agencies, easements or other property rights must be obtained before the Board will approve an application where any work is outside of the applicant's property or physically affects other properties.
[1967 Code § 26-5.2]
a. 
The applicant shall provide proof of notice with an application for a stream encroachment constituting a major project or with a request for a hardship exemption or with an appeal from the decision of the Board. The notice shall include a description of the nature and location of the proposed project, data on the application and a request for written comment. It shall be sent to the following:
1. 
The municipal Planning Board, municipal Engineer, Environmental Commission, and Clerk's office where the project is located, as well as the Clerk of any municipality, directly across the stream, if any, and the municipality next downstream on both sides of the waterway if within one mile of the project must be notified;
2. 
All abutting property owners;
3. 
The County Planning Board, County Engineer and Mosquito Control Commission;
4. 
The Soil Conservation District; and,
5. 
Any other agencies or bodies as requested by the Board or the County.
b. 
Notice must be sent pursuant to the ninety-day rules or the MLUL to the above-listed parties to satisfy the requirement of this section.
[1967 Code § 26-5.3]
a. 
A pre-application conference is suggested and may be requested by the applicant, his agent or his engineer to meet with one of the representatives of the Board (or Municipal Engineer) to discuss the requirements for preparation of a specific application.
1. 
Minutes of the conferences will be kept by the Board or Engineer.
2. 
When the application is submitted, it shall make reference to the date and parties present at any such conference.
b. 
A pre-application conference may also be used to deliver an application to the Board to be checked for completeness and accepted for review.
c. 
A pre-application conference will be scheduled by appointment only.
[1967 Code § 26-5.4]
a. 
The Planning Board will provide standard forms and procedures for all applications and a docket number to identify each application. This docket number shall be clearly marked on all correspondence and submissions related to the application.
b. 
The Board will retain at least one copy of the application, including detailed drawings of the project showing the floodway line and flood fringe line and of any additional information required, on file for public review.
c. 
Upon receipt of the application, the board will within 45 days either:
1. 
Declare the application complete for the purpose of making a review for determination and decision; or
2. 
Return the application as unacceptable for further review; the applicant shall be notified in writing of the reasons for such action; or
3. 
Request in writing that the applicant submit, within a specific period of time, additional information to assist in its review.
d. 
When the application is deemed complete, the Board shall provide for public notice and review. One copy of the application and other submitted information and a fact sheet stating the following shall be made available for public review:
1. 
The docket number;
2. 
The applicant;
3. 
The date application was declared complete by the Board;
4. 
The date by which interested parties may submit comments concerning the application. Such date shall be 30 days from the date the application is declared complete.
5. 
The date by which the Board shall approve, condition, or disapprove the application; and
6. 
A description of the proposed project.
e. 
The Board shall render its decision and notify the applicant in writing within 45 days as follows:
1. 
Approval. By issuance of a stream encroachment permit.
2. 
Conditional approval. By issuance of a stream encroachment permit with conditions.
3. 
Disapproval. By issuance of a letter citing the reasons for disapproval.
f. 
The Board shall notify all persons who have submitted comments concerning the application of the decision within five working days after the decision.
g. 
To give persons who may object to the issuance of the permit time to appeal, the permit shall not be valid until 15 days following issuance of the permit.
[1967 Code § 26-5.5]
a. 
The municipality shall establish appeal procedures for application in the flood fringe area which shall provide a fair hearing for persons adversely affected by the municipality's decision including hardship waiver, as described in the § 32-8 concerning an applicant's stream encroachment application.
b. 
Persons adversely affected shall file an appeal with the appropriate body within 15 days of the issuance or denial of the permit.
c. 
A verbatim record must be made of any appellate hearing held pursuant to paragraph a above.
d. 
No project may commence construction pending the completion of all appeal processes.
e. 
An appeal shall be taken to the Mayor and Borough Council by filing a written notice of appeal with the Borough Clerk no later than 15 days from the final decision of the Board. A hearing shall thereafter be conducted within 95 days before the Mayor and Borough Council at which time interested parties may submit oral and written argument. It shall be the responsibility of the party taking the appeal to arrange for a transcript of the hearing before the Board and to provide a copy of same to the Mayor and Borough Council as well as all other parties to the appeal within 45 days of the final decision of the Board. The review made by the Mayor and Borough Council shall be on the record made before the Board, and shall involve either a reversal or affirmance of the final decision of the Board. The Mayor and Borough Council shall act in a quasi-judicial (appellate) capacity in reaching a decision, rather than hearing the appeal on a de novo basis. The affirmative vote of a majority of the members of the Mayor and Borough Council present during the hearing shall be necessary to reverse or affirm the final decision of the Board. The failure or inability of the Mayor and Borough Council to reach a decision as hereinabove described shall operate as an affirmance of the final decision of the Board.
[1967 Code § 26-6]
The standards outlined in this section shall apply to all regulated uses in the flood fringe area of delineated streams. For the purposes of development subject to the Flood Damage Prevention Ordinance, the standards in that ordinance shall apply wherever stricter than those described below. Additionally, uses considered by this chapter to be nonregulated may be regulated under the Flood Damage Prevention Ordinance.[1]
[1]
Editor's Note: The Flood Damage Prevention Ordinance may be found in Chapter 21, Land Use.
[1967 Code § 26-6.1]
a. 
Requirements for structures under regulated use.
1. 
Within the flood fringe area of delineated streams, all proposed structures must be designed and anchored to prevent collapse, lateral movement and buoyancy.
2. 
All proposed hospitals, nursing homes, schools, day care centers, residences and similar noncommercial structures shall be elevated so the lowest floor, including any basement, is at or above the flood hazard design elevation along delineated streams. At least one driveway and access route to any hospital, school, nursing home, day care center or other similar noncommercial structure, except for individual residences, shall be elevated to comply with the requirements of this subsection. Recreation areas may be allowed to be inundated in low areas where it is determined that there is acceptable flood damage potential.
3. 
All proposed commercial and industrial structures, including water supply and wastewater treatment facilities, shall be elevated so that the lowest floor, including any basement, is at or above the flood hazard design elevation along delineated streams. An exception to this may be allowed if the structures are floodproofed in a manner which reflects flood velocities, durations, rates of rise, hydrostatic and hydrodynamic forces, probable evacuation time available after flood warning, and other similar factors. The applicant shall submit a plan or document certified by a licensed professional engineer that the floodproofing measures are consistent with the design elevation and associated flood factors. All or any of the following floodproofing measures may be required so as to result in a dry floodproofed structure:
(a) 
Installation of watertight doors, bulkheads and shutters, or similar devices;
(b) 
Reinforced walls to resist water pressures;
(c) 
Use of membranes or mortars to reduce seepage of water through walls;
(d) 
Installation of pumps to remove water from the structures;
(e) 
Construction of water supply and wastewater treatment systems in a manner which prevents the entrance of floodwaters;
(f) 
Pumping facilities, or comparable measures, for the subsurface drainage systems of buildings to relieve external foundation wall and basement flood pressures;
(g) 
Construction that resists rupture of collapse caused by water pressure or floating debris;
(h) 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or storm waters into the structure. Gravity drainage of basements may be eliminated by mechanical devices;
(i) 
Location or floodproofing of all electrical equipment in a manner which will assure that it is not subject to flooding; and
(j) 
Adequate emergency electrical power supplies.
4. 
Parking lots and recreation areas may be allowed to be inundated where it is determined by the Board that the risk is acceptable.
b. 
Lawful pre-existing prohibited structures.
1. 
Lawful pre-existing prohibited structures damaged by any means other than flooding may be restored provided that:
(a) 
Any expansion or enlargement will not increase the flood damage potential;
(b) 
Efforts are made to provide floodproofing or other similar techniques to minimize future flood damage to the structure.
2. 
Lawful pre-existing prohibited structures damaged by flooding may be restored provided that:
(a) 
Any expansion or enlargement will not increase the flood damage potential;
(b) 
Efforts are made to provide floodproofing or other similar techniques to minimize future flood damage to the structure.
3. 
Lawful pre-existing prohibited structures damaged by flooding may be restored provided that:
(a) 
Any expansion or enlargement will not increase the flood damage potential;
(b) 
The owner submits an application together with drawings of the proposed reconstruction and the application is approved by the Board and Building Subcode Official; and
(c) 
Efforts are made to provide floodproofing or other similar techniques to minimize flood damage to the structures.
[1967 Code § 26-6.2]
a. 
Requirements for fill under regulated uses.
1. 
Within the flood fringe area of delineated streams, the volume of net fill and structures to be placed on an applicant's site shall be limited to occupying 20% of the total volume of net fill which:
(a) 
Is from within the flood fringe area of delineated streams or within the one-hundred-year flood plain, but outside of encroachment lines, of nondelineated streams; and
(b) 
Which is also from between the natural or existing ground surface, whichever is lower, and the level of the flood hazard design elevation along delineated streams or the one-hundred-year storm elevation along nondelineated streams.
2. 
It will have to be shown adequately on submitted plans and in calculations that this limit of 20% is not being exceeded. There shall be no net fill in the floodway or within stream encroachment lines except where a permit has been obtained from NJDEP.
3. 
All fill shall be graded in a manner so as not to adversely affect overland drainage flows.
4. 
Fill shall be placed so that slopes are not steeper than a ratio of two horizontal to one vertical.
5. 
Fill shall be compacted and stabilized in accordance with the "Standards for Soil Erosion and Sediment Control in New Jersey" or latest amendment thereto, adopted pursuant to N.J.A.C. 2:90-1.3.
6. 
When a steam encroachment permit has been granted allowing the placement of fill, under the provisions of this chapter, any subsequent subdivision of the property shall not have the effect of increasing the total amount of fill allowed to be placed upon the property covered by the previous permit. Additional fill may be placed on the newly divided property only to the extent that the total amount of fill allowed under these rules for the original defined property has not been exceeded.
7. 
A variance from the requirements of this subsection may be granted by the NJDEP, on a case-by-case basis, for Federal, State, County or municipal highway or road construction projects, pursuant to N.J.A.C. 7:13-5.4(b).
8. 
The requirements of this subsection are not applicable to flood control projects approved as flood control projects by the NJDEP.
9. 
Where dikes, levees, floodwalls or other structures, not approved as flood control projects, impede the entry of flood waters into an enclosed space, the enclosed space shall be considered as solid fill for the purpose of this subsection.
[1967 Code § 26-6.3]
a. 
Soil erosion and sediment control.
1. 
Soil erosion and sediment control measures are required on all submissions under this subchapter if such submissions require disturbance of more than 5,000 square feet of the surface area of land within the flood hazard area along delineated streams.
2. 
The latest revised version of the "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the New Jersey State Soil Conservation Committee pursuant to the Soil Erosion and Sediment Control Act of 1975 as amended (N.J.S.A. 4:24-39 et seq.) and N.J.A.C. 2:90-1.3 shall be used in the preparation and submission of Stream Encroachment Applications.
3. 
The following additional soil erosion and sediment control requirements shall also be met:
(a) 
The area of soil disturbance shall be no longer than that which is necessary for the conduct of the project.
(b) 
Soil disturbance schedules shall be formulated to provide minimum practicable exposure of soils to erosion.
(c) 
If erosion and sediment control measures such as diversions, sediment basins, or sediment barriers, which purpose is to divert surface runoff before it reaches exposed soil or to intercept sediment eroded from exposed soil, are part of the erosion and sediment control plan, such measures shall be installed prior to any major soil disturbance or in their proper sequence to minimize sediment delivery to waterways. All soil erosion and sediment control practices shall be left in place until the soil is established by vegetation or engineering measures.
(d) 
In areas where vegetative methods (including "mulch only") are relied on for erosion and sediment control (without downslope controls to intercept sediment such as sediment basins or sediment barriers), seeding, mulching, or placement of sod shall be performed within 48 hours of soil exposure in accordance with the "Standards for Soil Erosion and Sediment Control". Seeding shall, in such areas, always be accompanied by mulching. If weather conditions are unfavorable for seeding, sod placement or the subsequent establishment of such vegetation the area shall be mulched within 48 hours of soil exposure in accordance with the "Standards for Stabilization with Mulch Only" in the "Standards for Soil Erosion and Sediment Control". Slopes exceeding 15% (in areas without downslope sediment controls) shall be protected within 48 hours of soil exposure by special treatment, such as water diversion berms, sodding, or approved mulch netting, in accordance with the "Standards for Soil Erosion and Sediment Control."
(e) 
Pumping of sediment-laden water from the dewatering of trenches or other excavations directly into waterways is prohibited. Pump intakes shall be placed near the water surface to minimize the sediment content of pumpage. Wherever possible, pumpage shall be piped to sediment basins or sediment barriers that meet the "Standards for Soil Erosion and Sediment Control", or mechanical filtration or sedimentation devices shall be used to minimize the discharge into waterways of sediment in pumpage. As a last resort, special approval may be granted for the pumpage to be spread onto land as far from the streambank as possible, providing that care is taken to avoid damaging trees not slated for removal.
[1967 Code § 26-6.4]
a. 
All projects involving permanent excavation within the flood fringe, except as related to the installation of underground utilities or foundation for structures, shall not have cut faces at slopes steeper than a ration of one vertical to two horizontal.
b. 
Excavation projects shall not be so deep as to affect any wells in the surrounding areas or to cause any groundwater pollution.
[1967 Code § 26-6.5]
a. 
Material being disposed of within the flood fringe area shall be spread evenly and should not inhibit the drainage of the area. Such spoil material shall be stabilized within 48 hours according to the "Standards for Soil Erosion and Sediment Control". Details of the methods of stabilization shall be included on the plan.
b. 
The Board may require information and set conditions concerning excavation methods, contents and disposal sites of any excavated materials except material recovered from stream cleaning.
[1967 Code § 26-6.6]
Retention and detention basins for stormwater management within the flood fringe area along delineated streams shall be constructed in accordance with criteria of the State Stormwater Management Regulations (N.J.A.C. 7:8). Stormwater impoundments, including berms, may be required to obtain a Dam Permit from NJDEP where appropriate.
[1967 Code § 26-6.7]
If manholes are to be located within the flood fringe area along delineated streams, they shall be flush with ground level and provided with watertight manhole covers.
[1967 Code § 26-6.8]
a. 
Consideration shall be given to short and long term primary environmental effects of any stream encroachment whether or not it is classified or handled as a project of special concern.
b. 
Stream encroachment projects shall be carried out in such a manner that the pollution, impairment, or destruction of environment as related to the flood hazard area, is minimized to the extent practicable. Federal, State and local statutes, regulations and ordinances designed to minimize or prevent such damage shall be complied with.
[1967 Code § 26-6.9]
Individual sewage disposal systems within the flood fringe area shall be constructed in accordance with the New Jersey State's Standards for the Construction of Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9-2.
[1967 Code § 26-7]
a. 
General provisions.
1. 
To help assure adequate protection of the aquatic life and water resources from the adverse impacts of some kinds of stream encroachment, special procedures and standards have been prepared to supplement the general standards. These special requirements include the classification of some kinds of stream encroachments as a "Project of Special Concern" which must be reviewed and approved by New Jersey Department of Environmental Protection.
2. 
Any project which appears to be a project of special concern, as defined in N.J.A.C. 7:13-5.2 and below in Subsection 32-7.1, must be reviewed by the Department. If the Department agrees with the classification, the applicant must apply directly to the Department for a stream encroachment permit.
[1967 Code § 26-7.1]
a. 
A project of special concern shall be any stream encroachment project in perennial streams with over 50 acres of drainage area, which involves either or both of the following:
1. 
Channelization or relocation of a stream for a distance over 100 feet (except for low-flow channels constructed as part of a detention basin) or for a distance over 300 feet on either side of a bridge or culvert; or
2. 
Loss of more than 6,000 square feet of the existing woodland within 25 feet of the top of banks.
b. 
Where a project is performed in phases and two or more applications are submitted, the total length of the affected stream segment shall be used in applying the criteria in paragraph a above.
c. 
In addition, stream encroachment projects are projects of special concern if the Board or NJDEP determines that they would be likely to produce serious adverse effects, including, but not limited to, the following:
1. 
Potential serious adverse effects on the biota of the stream, the adjoining wetlands, or on the sites where dredge spoils are to be disposed of including, but not limited to, rare or endangered species.
2. 
Potential serious degradation of water quality below the NJDEP's Surface Water Quality Standards or Ground Water Quality Standards.
3. 
Potential serious adverse effects on water resources including but not limited to, adverse effects on potable water supplies, flooding, drainage, channel stability, navigation, energy production, municipal, industrial, or agricultural water supplies, fisheries or recreation. Such adverse effects include damage to potential as well as existing water uses.
d. 
Projects affecting the following are always projects of special concern in the indicated geographic areas:
1. 
Trout-associated streams:
(a) 
Stream encroachment applications requiring loss of more than 6,000 square feet of the existing woodland within 50 feet of the banks of perennial trout-associated streams; or
(b) 
Construction of low dams across perennial, trout-associated streams, except for the reconstruction or repair of existing dams.
2. 
Stream encroachment projects causing exposure of acid producing deposits along more than 50 feet of stream channel, if the drainage area of the stream is over 50 acres. However, this applies to smaller streams if the stream is trout-associated and if the stream is perennial.
e. 
Projects for construction of Federal, State, County or municipal highways or roads, where a variance is requested under N.J.A.C. 7:13-4.7(d)7, (e)3, or Subsection 32-6.2 of this chapter, shall be considered projects of special concern.
f. 
All regulated uses within the floodway of delineated streams or within the one-hundred-year flood plain of nondelineated streams require a NJDEP review and permit.
[1967 Code § 26-7.2]
All dams, as defined by the New Jersey Safe Dam Act, and this chapter, must be submitted to NJDEP for a dam permit.
[1967 Code § 26-7.3]
Bridge approaches within the flood fringe of delineated streams for bridges that traverse the floodway shall be considered as part of the permit application for the bridge and must be submitted to NJDEP for review and approval.
[1967 Code § 26-8]
a. 
A waiver from strict compliance with the requirements of this chapter may be granted by the Board for any of the following reasons:
1. 
Cases in which the Board determines that there is no feasible and prudent alternative to the proposed project, including the no-action alternative which would avoid or substantially reduce any anticipated adverse effects and where the waiver is consistent with the reasonable requirements of the public health, safety and welfare; or
2. 
Cases in which the Board determines that the costs of strict compliance are unreasonably high in relationship to the benefits achieved by strict compliance; or
3. 
Cases in which the Board and applicant agree to alternative requirements that, in the judgment of the Board, provide equal or better protection to the public health, safety and welfare.
b. 
No such waiver shall be granted without advance public notice and, where requested or needed, a fact-finding meeting. These requirements may be waived in emergency situations, as determined by the Board.
c. 
Where granted, such waivers are subject to the appeal procedures in Subsection 26-5.5 of this chapter. Decisions to grant a hardship waiver may also be appealed to NJDEP under N.J.A.C. 7:13-2.11.
d. 
In order for the Board to consider a hardship waiver, the applicant must demonstrate the following:
1. 
That by reason of the extraordinary or exceptional situation or condition of the property, the strict enforcement of this subchapter would result in exceptional and undue hardship upon the applicant in question;
2. 
That the waiver will not substantially impair the appropriate use or development of adjacent property and will not pose a threat to the public health, safety, and general welfare;
3. 
That the hardship is unique or peculiar to the applicant; and
4. 
That the exceptional or undue hardship claimed as grounds for the waiver has not been created by the applicant.
e. 
The applicant shall submit to the Board with an application for a hardship waiver as much of the following information as is relevant to the projects:
1. 
A plan for floodproofing, the implementation of which shall be a condition of the waiver;
2. 
Proof that appropriate steps shall be taken to anchor materials in order to prevent flotation, collapse, or lateral movement;
3. 
The relationship of the proposed project to the comprehensive land use plan and flood plain program for the area;
4. 
Proposed routes to and from the property during flood times;
5. 
The projected height, velocity and duration of the flood waters expected at the site during the design flood;
6. 
The type of soil located at the proposed site;
7. 
A statement concerning the land use and value absent the granting of the hardship waiver;
8. 
Information regarding the existing development of the area and the impact of the additional work;
9. 
Evidence that the project will not distort the stream's flood carrying capacity so as to cause substantial problems along the stream;
10. 
An analysis of the extent to which the sediment regimen and water quality of the stream will be affected by the proposed exemption; and
11. 
A description of the potential effects of the project upon the environment.
f. 
The applicant shall also submit proof of required public notice for consideration of a hardship waiver as required by Subsection 32-5.2.
g. 
The applicant shall submit the request for a waiver along with the appropriate documentation to the Board.
1. 
The Board shall notify the applicant of the results of its review within 90 days.
2. 
Before making a decision, the Board may request that additional information and/or documentation be supplied. When additional information is not provided by the applicant as requested, the waiver will be denied.
h. 
If the material submitted to the Board by the applicant in support of the petition for hardship waiver does not satisfactorily demonstrate that a hardship waiver is warranted, the Board shall so notify the applicant by letter advising the applicant that the petition for hardship waiver has been denied by the Board and shall also state the reasons for this denial.
i. 
The denial of a waiver shall be treated as the denial of an application without prejudice.
j. 
A hardship waiver granted pursuant to this section does not relieve the applicant from obtaining any other approvals, certifications or permits required by law. A copy of the notification granting the hardship waiver shall be forwarded to the Bureau of Flood Plain Management.
[1967 Code § 26-9]
In addition to any fee due to the municipality as a result of the applicant's underlying application for a municipal approval, there shall be due to the municipality at the time of submission of materials in support of this application fee as follows:
a. 
Fee schedule for stream encroachment projects.
1. 
Type of project.
Minor. Headwalls, Utility Crossings, Cleaning Ponds, etc.
(a) 
Limits and descriptions.
Projects with drainage area more than 320 acres and/or project with drainage area less than 320 acres, but not approved by the appropriate municipal or County Engineer.
Fees: $100.
(b) 
Limits and descriptions.
Projects within the one-hundred-year flood hazard area that do not require the establishment of an encroachment line and all property is outside the floodway, or those projects requiring the establishment of an encroachment line along a delineated floodway.
Fees: $100.
(c) 
Limits and descriptions.
*Projects with drainage area less than 320 acres and approved by the appropriate municipal and/or County Engineer.
Fees: None.
2. 
Type of project.
Major.
All Projects.
(a) 
Limits and descriptions.
Projects with drainage area more than 150 acres and/or a project with a drainage area less than 150 acres but not approved by the appropriate municipal or County Engineer.
Fees: $1,000.
3. 
Type of project.
Major.
Bridge, Culvert, Channel relocation and other projects.
(a) 
Limits and descriptions.
Each project in or along the channel, or portion of the channel thereof up to 1,000 feet.
Fees: $1,000.
Fee includes channel work for a distance of 300 feet upstream and downstream for projects such as bridges and culverts.
(b) 
Limits and descriptions.
Each succeeding 1,000 feet segment or part thereof.
Fees: $1,000.
4. 
Type of project.
Major.
Projects such as fill, structures and subdivisions.
(a) 
Limits and descriptions.
Each project or portion thereof up to 1,000 feet outside the channel within one-hundred-year flood hazard area and requiring the establishment of an encroachment line.
Fees: $1,000 for each 1,000 feet.
(b) 
Limits and descriptions.
Each succeeding 1,000 feet or portion thereof.
Fees: $1,000.
(c) 
Limits and descriptions.
*Project with drainage area less than 150 acres and approved by the appropriate municipal and/or County Engineer.
Fees: None.
5. 
Type of project.
Extension-of-time for an approved project.
(a) 
Limits and Descriptions.
Each project.
Fees: $50.
*Should be designed to the safe passage of the one-hundred-year flood.
6. 
Type of project.
Modification-in-detail of project.
(a) 
Limits and descriptions.
Each project.
Fees: 50% of total permit fee charged project to be modified.
[1967 Code § 26-10; Ord. No. 07-03]
Any person who violates the provisions of this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-5 for each violation and, in addition, shall pay all costs and expenses incurred by the Borough or its agencies. Nothing contained herein shall prevent the Borough of Bound Brook from taking any other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 06-03 § 1]
The "Final Report" dated April 2005, entitled "Green Brook Flood Control Project Floodplain Management Plan," developed by the New Jersey Department of Environmental Protection, 3 copies of which are on file in the Office of the Clerk of the Borough of Bound Brook, and is hereby adopted as the Floodplain Management Plan for the Borough of Bound Brook.