[Added 11-22-1988 by Ord. No. 88:65]
Land or water falling in the following classifications
are hereby designated as land constraint areas:
A.
Flood hazard area. The floodway and any additional portions of the floodplain, as defined in the Flood Hazard Protection Ordinance, Chapter 175 of the Code of the Township of Parsippany-Troy Hills.
B.
Wetlands area. Marsh, swampland and areas saturated
with water as defined in the Freshwater Wetlands Protection Act, N.J.S.A.
13:9B-1 et seq.
C.
Stream area. Any body of continuously or intermittently
flowing water, whether designated as a stream, brook, river or otherwise,
and consisting of a bed and banks.
D.
Pond or lake area and other bodies of water. Any nonflowing
body of water with a mean depth of four feet and a surface area greater
than one acre, including any such areas created for retention or detention
purposes and any nonflowing bodies of water with a mean depth of four
feet, which, on a given tract of land, in the aggregate have a surface
area greater than one acre, including any such areas created for retention
or detention purposes.
[Added 4-21-2020 by Ord. No. 2020:14]
A.
Regulations
for flood hazard and wetlands areas. Notwithstanding any other provision
of the Land Use and Development Ordinance or Flood Hazard Protection
Ordinance,[2] no building, parking lot or other impervious surface shall
be erected or constructed, either above or below ground level, within
any flood hazard area or wetlands area in the Township of Parsippany-Troy
Hills, unless a permit has been issued by the New Jersey Department
of Environmental Protection pursuant to the Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq., or by the United State Army Corps.
of Engineers pursuant to Section 404 of the Federal Pollution Control
Act Amendments of 1972, as amended by the Clean Water Act of 1977
(33 U.S.C. § 1344), if the project is exempt from the provisions
of the Freshwater Wetlands Protection Act.
B.
Regulations
for stream, pond and lake areas. Notwithstanding any other provision
of the Land Use and Development Ordinance or Flood Hazard Protection
Ordinance, no building, parking lot or other impervious surface shall
be erected or constructed, either above or below ground level, within
50 feet of the edge of any pond, lake or stream. Nothing herein contained,
however, shall be construed to prohibit the construction and maintenance
of dams or other structures for the impoundment or retention of water
in any such stream, pond or lake or of dug ponds or reservoirs, provided
that all applicable requirements and approvals of any public authority
having jurisdiction over such matters are met and obtained. The following
shall be permitted uses or activities in lake areas, provided that
they do not disturb the natural and indigenous character of the areas
and provided that such use is permitted and is in accordance with
all other Township ordinances:
[1]
Editor's Note: Former § 225-80. Regulations of land constraint
areas, as amended, was repealed 5-14-2019 by Ord. No. 2019:18.
A.
Where an applicant demonstrates through topographic
maps or soil tests, whichever is applicable, and such proof is confirmed
through on-site inspection by the Township Engineer and the Morris
County Soil Conservation District that a property is misclassified
and is not in a land constraint area, then the Construction Official
or Board considering the application may grant full or partial relief
from the regulations of this article.
B.
Requests for waivers from the land constraints regulations
shall be made at the time of application. The applicant requesting
such a waiver shall be required to demonstrate that the proposed construction
will have no detrimental effects upon the land or surrounding area.
The Construction Official, on the recommendation of the Township Engineer
or the Board considering the application, may grant full or partial
relief from the regulations of this article.
