[Added by Ord. No. 06-11; amended 11-18-2020 by Ord. No. 20-30; 4-6-2021 by Ord. No. 21-03; 12-19-2023 by Ord. No. 23-22]
A. 
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.
B. 
Purpose. The purpose of this article is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 296-206.
C. 
Applicability.
(1) 
This article shall be applicable to all projects that meet the definition of "minor development" or "major development" as defined below.
(2) 
This article shall be applicable to the following major developments:
(a) 
Nonresidential major developments and redevelopment projects; and
(b) 
Aspects of residential major developments and redevelopment projects that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.
(3) 
This article shall also be applicable to all major developments undertaken by Township of Raritan.
(4) 
Applicability of this article to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference and minor developments as defined herein.
D. 
Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this article are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
E. 
This article is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this article shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference. The following additional terms are defined for this article only.
EXEMPT DEVELOPMENT
Any development that creates an increase of less than 1,000 square feet of impervious area and disturbs less than 2,500 square feet of land. Further, an exempt development shall not meet the definition of "minor development."
MAJOR DEVELOPMENT
(Repeated from N.J.A.C. 7:8)
A. 
An individual "development," as well as multiple developments that individually or collectively result in:
(1) 
The disturbance of one or more acres of land since February 2, 2004;
(2) 
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
(3) 
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or
(4) 
A combination of Subsection A(2) and (3) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
B. 
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
MINOR DEVELOPMENT
Any development that results in the creation of an increase of 1,000 square feet or more of impervious area or one that disturbs more than 2,500 square feet of land area. Further, a minor development shall not meet the definition of "major development" in N.J.A.C. 7:8.
This section establishes design and performance standards for stormwater management measures for minor and major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies.
A. 
Exempt developments. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this section.
B. 
Minor developments. Minor developments shall be designed to include the following stormwater management measures:
(1) 
Water quality. Soil erosion and sediment control measures shall be installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
(2) 
Rate/volume control. Seepage pits or other infiltration measures shall be provided with a capacity of three inches of runoff for each square foot of new impervious area. Stone used in the infiltration devices shall be 2 1/2 inches clean stone and design void ratio of 33% shall be used. The infiltration measures shall be designed with an overflow to the surface which shall be stabilized and directed to an existing stormwater conveyance system or in a manner to keep the overflow on the developed property to the greatest extent feasible. If the new impervious surface is not roof area, an equivalent area of existing roof may be directed to the infiltration system. This shall be permitted where the existing roof is not already directed to infiltration devices.
C. 
Major developments. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
A. 
Standards for relief (minor development). Waivers from strict compliance with the design standards for minor development shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.
B. 
Standards for relief (major development). Waivers from strict compliance with the design and performance standards for major development shall meet the requirements of N.J.A.C. 7:8-4.6.
C. 
Reviewing agency. All applications subject to the review of the Land Use Board shall be reviewed by the Board concurrently with subdivision or site plan review. Applications not subject to Land Use Board review shall be reviewed by the Township Engineer.
D. 
Appeals. The appeal of the determination of the Township Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.
A. 
Site design features identified under § 296-207 above to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see § 296-209A(2) below.
(1) 
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a) 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b) 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Note that the residential site improvement standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.
[1] 
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(c) 
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(2) 
The standard in § 296-209 A(1) above does not apply:
(a) 
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(b) 
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(c) 
Where flows from the water quality design storm as specified in the last amended stormwater management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[1] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[2] 
A bar screen having a bar spacing of 0.5 inches.
[3] 
Note that these exemptions do not authorize any infringement of requirements in the residential site improvement standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
(d) 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or
(e) 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
A. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
B. 
Safety ledge illustration.
Elevation View -Basin Safety Ledge Configuration
A. 
Submission of site development stormwater plan.
(1) 
Whenever an applicant seeks municipal approval of a development subject to this article, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 296-211C below as part of the submission of the application for approval.
(2) 
The applicant shall demonstrate that the project meets the standards set forth in this article.
(3) 
The applicant shall submit six copies of the materials listed in the checklist for site development stormwater plans in accordance with § 296-211C of this article.
B. 
Site development stormwater plan approval.
(1) 
The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this article.
C. 
Submission of site development stormwater plan. The following information shall be required:
(1) 
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
(2) 
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(3) 
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
(4) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of § 296-205A are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5) 
Stormwater management facilities map. The following information, illustrated on a map of a scale of one inch equals 50 feet or smaller shall be included:
(a) 
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b) 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(6) 
Calculations.
(a) 
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 296-207C of this article.
(b) 
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(7) 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 296-213.
(8) 
Waiver from submission requirements. The municipal official or board reviewing an application under this article may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 269-211C(1) through (6) of this article when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
(9) 
Application and review fees. There shall be no additional fees for stormwater review for applications to the Land Use Board. Major development applications to the Township Engineer shall be accompanied by an initial review escrow deposit of $1,000. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Township Engineer.
A. 
The following information shall be required:
(1) 
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 50 feet beyond the limits of the proposed development, at a scale of one inch equals 30 feet or larger, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
(2) 
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping.
(3) 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a) 
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b) 
Details of all stormwater management facility designs.
(4) 
Calculations demonstrating compliance with the minor development standards of § 296-207B must be submitted.
(5) 
Waiver from submission requirements. The Township Engineer may waive submission of any of the requirements in § 296-211A (1) through (4) of this article when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
(6) 
Application and review fees. There shall be no additional fees for stormwater review for applications to the Land Use Board. Applications to the Township Engineer shall be accompanied by a review fee in the amount of $500 for minor developments. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Township Engineer.
A. 
Applicability. Projects subject to review as in § 296-207 of this article shall comply with the requirements of § 296-213B and C.
B. 
General maintenance.
(1) 
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(2) 
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
(a) 
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and
(b) 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(3) 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
C. 
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this article shall be subject to a penalty as stated in § 1-5 of the Township Code. Each and every day in which a person shall be in violation of this article shall constitute a separate offense.
[Amended by Ord. No. 06-11]
[1]
Editor's Note: See also Ch. 253, Flood Damage Prevention.
A. 
Site plan data; action by Planning Board. In addition to the site plan approval requirements contained in Article XI, no building or structure shall hereafter be erected, enlarged, expanded, externally altered or modified nor any paving, fill, excavation or improvement be permitted within any floodplain area unless a development application has been submitted to the Township Planning Board for its review and approval.
(1) 
Such plan shall be drawn to a scale not less than one inch equals 50 feet and shall show, in addition to the information required under other ordinances, the following information:
(a) 
Existing and proposed buildings and structures.
(b) 
Proposed finished grade elevations at the corners of any structure or structures.
(c) 
Existing topography and proposed grading at contour intervals of at least two feet.
(d) 
The lowest elevation within any proposed structure after its completion.
(e) 
The location, type and size of all existing and proposed storm drainage facilities and other utilities servicing or proposed to service the premises in question.
(f) 
The location, size and nature of all existing and proposed drainage rights-of-way or easements and the location, size and description of any lands to be dedicated to the municipality, county or state.
(g) 
The layout and size of existing and proposed public or private streets.
(h) 
The elevation of any existing or proposed pumping facilities.
(i) 
The nature and extent of any construction alterations or repairs.
(j) 
The location, size and nature of the entire lot or lots in question and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest.
(k) 
Proof of stream encroachment lines obtained from the Department.
(l) 
The extent of filling of the land, if any.
(m) 
The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection, soil stabilization, sedimentation basins, sediment traps, headwalls, aprons and the like.
(n) 
Any and all other information and data necessary to meet any of the requirements of this chapter.
(2) 
In any given situation for good and sufficient reasons the Planning Board may waive any of the above submission requirements.
(3) 
In addition, where required by the Planning Board, the developer 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 with proven competency in the field of soils engineering standards and practices. A detailed report of the test shall be submitted to the Planning Board and Township Engineer for review.
(4) 
The Planning Board shall act upon the site plan within 45 days of the date of formal acceptance by the Planning Board thereof or the date of approval by the Department, whichever is later, or other extension of time agreed to by the applicant. Failure of the Planning Board to act within the time limit, or limits, shall be deemed a denial of any site plan submitted under this chapter. Planning Board disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Permits. No person shall engage in a permitted use within a delineated floodplain until all necessary permits have been obtained.
C. 
Conditions. The Planning Board may impose such conditions on permitted uses as it deems appropriate to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries, and to preserve, protect and enhance the natural environment of the floodplain. No certificate of occupancy shall be issued unless all conditions of approval have been complied with.
A. 
Preservation of natural land. It is found that natural floodplains display complex intimate relationships among streams, periodic flooding, soils, vegetation, fish and wildlife and that periodic flooding of lowland areas, marshes and swamps adjacent to stream channels produces a rich physical-chemical environment for many living organisms.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
It is further found that floodplains contain biological communities which are among the most productive of natural systems and perform the following essential to the natural environment:
(a) 
Passage and storage of storm floodwaters.
(b) 
Removal of sediment loads from streams through deposition.
(c) 
Replenishment of groundwater supplies through soil infiltration.
(d) 
Dissipation of energy of flood flows, thereby reducing downstream destruction.
(e) 
Provide areas of recreational and aesthetic pleasure.
(2) 
Because of the importance of the natural floodplain as cited above, all natural land within any delineated floodplain shall be preserved in its natural state, and, where possible, developed land within the floodplain shall be restored to its natural state so as to duplicate the natural or undeveloped drainage characteristics in terms of runoff and velocity.
B. 
Permitted uses in channels, floodplains and floodplain (500-year) areas.
(1) 
Channel. Within any channel, structures may be erected, enlarged, expanded or externally altered and fill, excavation or other improvements or changes may be permitted only in connection with stream improvement or stabilization, which improvements or changes shall have the specific approval of the State Department of Environmental Protection and the Township Planning Board. The Hunterdon County Planning Board shall receive copies of all exhibits for its review and approval as required.
(2) 
Floodplain. Within any floodplain, structures may be erected, enlarged, expanded or externally altered and fill, excavation or other improvements or changes may be permitted only in connection with stream improvement or stabilization, which improvements or changes shall have the specific approval of the State Department of Environmental Protection and the Township Planning Board. The Hunterdon County Planning Board shall receive copies of all exhibits for its review and approval as required. The accepted practices of soil husbandry and farming, as well as recreational uses in the nature of parks, playgrounds, picnic areas, golf courses, and boat landings, shall be permitted in accordance with the issuance of a permit as provided by § 296-215B. No material, equipment or vehicles shall be parked or stored in the floodway even in conjunction with a permitted use.
(3) 
Floodplain (500-year) areas. Until a floodplain (500-year) has been designated by the Department, the requirements for the floodplain, Subsection B(2) of this section, shall apply to the floodplain (500-year) area. Once a floodplain has been designated, structures may be constructed, erected, enlarged, expanded, externally altered or modified and fill, excavation and other improvements may be permitted in the floodplain (500-year) area only after receiving specific approval of the Township Planning Board for a use allowed by Part 3, Zoning, of this chapter and further subject to the conditions set forth in this article.
C. 
Prohibited uses in channels, floodways and flood-fringe areas. No person shall hereafter engage in, cause, or permit other persons to engage in prohibited uses within a delineated floodplain. The following uses shall be prohibited:
(1) 
Placing, depositing, or dumping any fill, solid waste, garbage, refuse, trash, rubbish or debris.
(2) 
Dumping or discharging untreated domestic sewage or industrial wastes, either solid or liquid.
(3) 
The storage or disposal of pesticides or of chemical soil nutrients.
(4) 
The storage or processing of materials that are in time of flooding buoyant, flammable or explosive.
(5) 
The storage or processing of hazardous materials.
D. 
Preexisting nonconforming structures and uses.
(1) 
Structures or land uses in any floodplain which existed on or before April 28, 1975, may be permitted to continue subject to the following conditions:
(a) 
If any preexisting structure is destroyed by any means, including floods, to an extent of 50% or more of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this chapter.
(b) 
No preexisting structure shall be moved, altered, expanded, changed or enlarged unless the provisions of this chapter are complied with. This provision does not apply to routine maintenance and repair, provided that such maintenance and repair does not increase the flood damage potential of the structure.
(c) 
In any portion of the floodplain, an existing nonconforming use or structure may be altered or expanded provided that such alteration or expansion does not increase its ground coverage or flood damage potential.
(2) 
Structures in the floodplain which are vacant or unused for six consecutive months or longer shall not qualify as preexisting uses. This subsection shall not apply to structures for rent or sale.
A. 
Notice of hearing; review by Planning Board.
(1) 
Notice of hearing. Upon application for a development in the floodplain, a public hearing shall be held by the Planning Board in accordance with § 296-22. In addition to the requirements of § 296-22, notice shall be given to the Township's Environmental Commission and the governing bodies and environmental commissions of other municipalities which may be affected by the proposed use.
(2) 
Review criteria. In reviewing the application and arriving at findings, the Planning Board shall consult with the Township Engineer and other experts and consider the following criteria in addition to those set forth in § 296-215:
(a) 
The danger to life and property due to increased flood heights or velocities caused by encroachment.
(b) 
The danger that materials may be swept onto other lands or downstream to the injury of others.
(c) 
The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination, and unsanitary conditions resulting from flooding.
(d) 
The susceptibility of the proposed use to flood damage and the effects of such damage.
(e) 
The need for a waterfront location.
(f) 
The availability of alternate locations not subject to flooding.
(g) 
The duration, rate of rise and sediment transport of floodwaters expected at the site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(h) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(i) 
The extent to which the hydraulic capacity of the floodway will be disrupted.
(j) 
The degree to which any aspect of food chain or plant, animal, fish or human life processes are affected adversely within or beyond the proposed use area.
(k) 
The degree to which the proposed activity alters natural water flow or water temperature.
(l) 
The degree to which the proposed use provides facilities for the proper handling of litter, trash, refuse, and sanitary and industrial waste.
(m) 
The degree to which irreplaceable land types will be destroyed.
(n) 
The degree to which the natural scenic and aesthetic values at the proposed activity site can be retained.
(o) 
The degree to which materials not subject to major damage by floods are firmly anchored to prevent flotation or are readily removable from the area within the time available after flood warning.
(3) 
If the Planning Board finds that the proposed use would violate or tend to violate the purposes and intent of this chapter, the application shall be denied.
B. 
Condition of approval for permitted uses. If the application shall not violate the purposes and intent of this chapter, the Planning Board may approve the application and impose such permit conditions as are necessary to promote the public safety, health and welfare, to protect public and private property, wildlife and fisheries, and to preserve, protect, and enhance the natural environment of the floodplain.
(1) 
General conditions. These conditions may include, but are not limited to, the following:
(a) 
Modification of waste disposal and water supply facilities.
(b) 
Imposition of operation controls, sureties and deed restrictions.
(c) 
Requirements for construction of stormwater detention facilities, channel modifications, dikes, levees and other protective measures.
(d) 
Installation of an adequate flood warning system.
(e) 
Postponement of development until such time as protective measures are installed or until the floodway and flood hazard area have been delineated by the Department or the Township.
(2) 
Specific conditions. Where applicable, the Planning Board shall condition approval as follows:
(a) 
Fill shall be no lower than one foot above the flood hazard design elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.
(b) 
Structures on fill shall be built so that the first floor or basement is at a minimum of one foot above the flood hazard design elevation.
(c) 
Structures not placed on fill shall be otherwise elevated so that the first floor is at a minimum of one foot above the flood hazard design elevation or shall be floodproofed as set forth in Subsection B(2)(d) of this section. Floodproofing alone shall not be adequate for residences, hospitals, nursing homes, schools, day-care centers, and similar uses.
(d) 
Floodproofing measures shall be consistent with the flood protection elevation for the particular area, flood velocities, durations, rates of rise, hydrostatic and hydrodynamic forces, and other similar factors. The Planning Board shall require the applicant to submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood hazard design elevation and associated flood factors. Any or all of the following floodproofing measures may be required:
[1] 
Anchorage to resist flotation and lateral movement.
[2] 
Installation of watertight doors, bulkheads, and shutters, or similar devices.
[3] 
Reinforce walls to resist water pressures.
[4] 
Use of paints, membranes or mortars to reduce seepage of water through walls.
[5] 
Addition of weight to structures to resist flotation.
[6] 
Installation of pumps to lower water levels in structures.
[7] 
Construction of water supply and waste treatment systems in a manner which prevents the entrance of floodwaters.
[8] 
Pumping facilities, or comparable measures, for the subsurface drainage systems of buildings to relieve external foundation wall and basement flood pressures.
[9] 
Construction that resists rupture or collapse caused by water pressure or floating debris.
[10] 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwater into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
[11] 
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.
[12] 
Storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic or hazardous materials shall be situated above the flood hazard design elevation and shall be floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into the air or floodwaters.
[13] 
Use of construction materials which are resistant to water damage.
[14] 
Installation of emergency standby electrical power equipment.
C. 
Flood Insurance Rate Map. The Planning Board, after proper investigation, survey and public hearing, may recommend amendments to the Department of Housing and Urban Development Flood Insurance Rate Map.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Flood insurance. Flood insurance in accordance with the National Flood Insurance Program shall be required for all development in the floodplain.
Should the provisions of this article conflict with the provisions of any other ordinance of the Township the provisions of this article shall take precedence, unless such other ordinance places greater restrictions on the use of land and density of development or construction standards, then such other ordinance shall apply.
The administration and enforcement of the provisions of this article relating to the construction, erection, maintenance and continued operation at design capacity of stormwater detention facilities and other facilities, structures, devices and techniques required under this article to carry out the objectives of this article shall be the responsibility of the Township Engineer. Failure to maintain any stormwater detention facility, structure or device at design capacity or carry out procedures or techniques required as part of this article shall be considered a violation of this article. The Township Engineer shall serve notice on the owner or occupant to correct any violations of this article within 30 days. Upon failure of the owner or occupant to correct such violation, the Township Engineer shall prosecute a complaint to correct such violation before the Municipal Judge.[1]
[1]
Editor's Note: Original § 16.85.060, Floodplain certificates, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).