A.
The site plan or construction documents for any development subject
to the requirements of this chapter shall be drawn to scale and shall
include, as applicable to the proposed development:
(1)
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations when necessary
for review of the proposed development. For buildings that are located
in more than one flood hazard area, the elevation and provisions associated
with the most restrictive flood hazard area shall apply.
(2)
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 536-40.
(3)
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 536-40A(3) of this chapter.
(4)
Location of the proposed activity and proposed structures and locations
of existing buildings and structures; in coastal high hazard areas
and Coastal A Zones, new buildings shall be located landward of the
reach of mean high tide.
(5)
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
(6)
Where the placement of fill is proposed, the amount, type, and source
of fill material; compaction specifications; a description of the
intended purpose of the fill areas; and evidence that the proposed
fill areas are the minimum necessary to achieve the intended purpose.
The applicant shall provide an engineering certification confirming
that the proposal meets the flood storage displacement limitations
of N.J.A.C. 7:13.
(7)
Extent of any proposed alteration of sand dunes.
(8)
Existing and proposed alignment of any proposed alteration of a watercourse.
(9)
Floodproofing certifications, V Zone and breakaway wall certifications,
operations and maintenance plans, warning and evacuation plans and
other documentation required pursuant to FEMA publications.
B.
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by this chapter but that are not required to be prepared by a registered
design professional when it is found that the nature of the proposed
development is such that the review of such submissions is not necessary
to ascertain compliance.
A.
Establishment of development permit.
(1)
A development permit shall be obtained before construction or development
begins, including placement of manufactured homes, within any area
of special flood hazard established above. Application for a development
permit shall be made on forms furnished by the administrative officer
and may include, but not be limited to, plans in duplicate, drawn
to scale, showing the nature, location, dimensions and elevations
of the area in question; existing or proposed structures, fill, storage
of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
(a)
Elevation in relation to mean sea level of the lowest floor
(including basement) of all structures;
(b)
Elevation in relation to mean sea level to which any structure
has been floodproofed;
(c)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(2)
The Floodplain Administrator is hereby appointed to administer and
implement this chapter by granting or denying development permit applications
in accordance with its provisions.
B.
All developments within the larger of the following areas shall require
a permit or permits from the State Department of Environmental Protection
(DEP) unless specifically exempted as provided in this chapter:
(1)
Within the floodplain and/or less than 25 feet back from the top
of the channel bank; or
(2)
Along the watercourses that have a total contributory drainage area
greater than 50 acres, DEP engineering standards and environmental
standards shall be applicable. However, DEP engineering standards
may not apply for areas less than 50 acres.
(3)
Fifty feet from the top of the channel bank along waters:
(a)
Containing deposits of acid-producing soils;
(b)
Classified as Category One, FW-1 trout associated or FW-2 as
per DEP standards;
(c)
Which are a critical part of the habitat supporting a threatened
or endangered species of plant or a current population of any species
of threatened or endangered animal on a permanent or temporary basis
for any purpose such as resting, breeding or feeding during any portion
of its life cycle; or
(d)
Located within a documented historic habitat for threatened
or endangered species of animals, which habitat remains suitable for
breeding, resting or feeding by those species of animal during any
portion of its life cycle.
D.
Upon submission of a complete application for such a permit to the administrative officer, the applicant shall notify all property owners within 200 feet. A list of all property owners within 200 feet will be prepared by the Township at a cost to the applicant as set forth in Chapter 215, Fees, of the Township Code. The applicant will also serve notice to the general public through a newspaper of general circulation in the municipality, to the Township Environmental Commission and to the municipal clerks and environmental commissions of other municipalities which are within 200 feet of said property. Such notification shall include the name and the address of the applicant, the location of the proposed use, an abbreviated description of the proposed use, an announcement of where and at what time the complete application may be reviewed and at what date the application will be heard by the Planning Board or Zoning Board of Adjustment. This should be accomplished at least 10 days prior to the date the application is heard. It is also the responsibility of the applicant to provide proof of publication and service to the Township administrative officer at least one day prior to the date of the meeting. The notice procedure will conform to § 550-196E of Chapter 550, Land Development.
E.
The Floodplain Administrator shall review all development permits
to determine that all necessary permits have been obtained from those
federal, state or local governmental agencies from which prior approval
is required.
A.
Where flood hazard areas are delineated on the effective or preliminary
FIRM and base flood elevation data have not been provided, the applicant
shall consult with the Floodplain Administrator to determine whether
to:
(1)
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13
in conjunction with Appendix 1 of the FHACA to determine the required
flood elevation.
(2)
Obtain, review, and reasonably utilize data available from a federal,
state or other source when those data are deemed acceptable to the
Floodplain Administrator to reasonably reflect flooding conditions.
(3)
Determine the base flood elevation in accordance with accepted hydrologic
and hydraulic engineering techniques according to Method 6 as described
in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a
licensed professional engineer.
B.
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a letter of map
change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and paying the processing fees.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and
construction documents:
A.
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA, as specified in § 536-42 of this chapter, and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
B.
For development activities proposed to be located in a riverine flood
hazard area where base flood elevations are included in the FIS or
FIRM but floodways have not been designated, hydrologic and hydraulic
analyses that demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
flood hazard area encroachments, will not increase the base flood
elevation more than 0.2 foot at any point within the jurisdiction.
This requirement does not apply in isolated flood hazard areas not
connected to a riverine flood hazard area or in flood hazard areas
identified as Zone AO or Zone AH.
C.
For alteration of a watercourse, an engineering analysis, prepared in accordance with standard engineering practices, which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 536-42 of this chapter. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection, and shall provide documentation of such notifications.
D.
For activities that propose to alter sand dunes in coastal high hazard
areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates
that the proposed alteration will not increase the potential for flood
damage and documentation of the issuance of a New Jersey Coastal Zone
Management permit under N.J.A.C. 7:7.
E.
For analyses performed using Methods 5 and 6 (as described in N.J.A.C.
7:13) in flood hazard zones without base flood elevations (approximate
A Zones).
When additional hydrologic, hydraulic or other engineering data,
studies, and additional analyses are submitted to support an application,
the applicant has the right to seek a letter of map change (LOMC)
from FEMA to change the base flood elevations, change floodway boundaries,
or change boundaries of flood hazard areas shown on FIRMs and to submit
such data to FEMA for such purposes. The analyses shall be prepared
by a licensed professional engineer in a format required by FEMA.
Submittal requirements and processing fees shall be the responsibility
of the applicant.
