This Part 7 shall be known, designated and cited
as the "Flood Damage Prevention Ordinance of the Township of Boonton."
The Legislature of the State of New Jersey has,
in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local
government units to adopt regulations designed to promote the public
health, safety and general welfare of its citizenry. Therefore, the
Township Committee of the Township of Boonton, in the County of Morris
and State of New Jersey, does ordain as follows.
A.
The flood hazard areas of the Township of Boonton
are subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief and impairment of the tax base, all of which adversely affect
the public health, safety and general welfare.
B.
These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazard which increase flood
heights and velocities and, when inadequately anchored, damage uses
in other areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute to the flood
loss.
A.
It is the purpose of this Part 7 to promote the public
health and general welfare and to minimize public and private losses
due to flood conditions in specified areas by provisions designed
to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood
control projects;
(3)
Minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the general
public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities,
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges, located in areas of special flood hazard;
(6)
Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so as to
minimize future flood blight areas;
(7)
Ensure that potential buyers are notified that the
property is in an area of special flood hazard; and
(8)
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
B.
It is further stated that the purpose and intent of
this Part 7 is also to preserve and perpetuate in an open and natural
state certain lakes, water areas and watercourses, hereinafter described
as "water resource conservation areas," because their unique physical
features are deemed desirable and functional as natural habitat for
plant and animal life, green space and other uses beneficial to the
health, safety and welfare of the community.
C.
The regulations of this Part 7 are designed not only
to preserve certain natural features as above stated but also to protect
the Township from costs incurred in compensation for problems created
by unsuitable development. Erosion control, flood control, control
of defoliation and protection of aquifer-recharge areas are all legitimate
concerns affecting the health and safety of the citizens of the Township
of Boonton and, as such, subject to control under this Part 7.
D.
The areas herein described as "water resource conservation
areas" contain valuable environmental qualities which are best retained
in substantially an undeveloped state in order to conserve the municipality's
natural resources, preserve the amenities of its environment, prevent
the overcrowding of land, avoid undue concentration of population
and alleviate severe flooding problems.
In order to accomplish its purposes, this Part
7 includes methods and provisions for:
A.
Restricting or prohibiting uses which are dangerous
to health, safety and property due to water or erosion hazards or
which result in damaging increases in erosion or in flood heights
or velocities;
B.
Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood damage
at the time of initial construction;
C.
Controlling the alteration of natural floodplains,
stream channels and natural protective barriers which help accommodate
or channel floodwaters;
D.
Controlling filling, grading, dredging and other development
which may increase flood damage; and
E.
Preventing or regulating the construction of flood
barriers which will unnaturally divert floodwaters or which may increase
flood hazards in other areas.
This Part 7 shall apply to all flood insurance
zones and all water resource conservation areas as herein defined
within the jurisdiction of the Township of Boonton.
A.
The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and engineering report
entitled the "Flood Insurance Study for the Township of Boonton,"
dated April 17, 1985, with accompanying Flood Insurance Rate Maps
and Flood Boundary -- Floodway Maps, is hereby adopted by reference
and declared to be part of this Part 7. The Flood Insurance Study
is on file in the Boonton Township Clerk's office.
B.
In addition, the following lakes, waterways and watercourses
situated within the boundaries of the Township of Boonton and delineated
on the Zoning Map of the Township of Boonton are hereby specifically
designated as water resource conservation areas:
(1)
Rockaway River.
(2)
Beaver Brook.
(3)
Deer Lake Pond.
(4)
Koehler's Pond.
(5)
Dixon's Pond.
(6)
All other unnamed streams and bodies of water shown
on the flood maps or that may exist or come to exist in the Township
and are identifiable from the Tax Map or from aerial photos and Morris
County Soils Map.
No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this Part 7, this chapter and all other applicable ordinances and regulations of the Township of Boonton.
This Part 7 is not intended to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
However, where this Part 7 and another ordinance, easement, covenant
or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
In the interpretation and application of this
Part 7, all provisions shall be:
The degree of flood protection required by this
Part 7 is considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This Part 7 does not create liability on the part
of the Township of Boonton or by any officer or employee thereof for
any flood damages that result from reliance on this Part 7 or any
administrative decision lawfully made thereunder.
