It is hereby found that the Rockaway and South
Rockaway Creeks, the South Branch Raritan River and their tributary
watercourses in Clinton Township are subject to recurring flooding,
that such flooding damages and endangers life and public and private
property and facilities, that this condition is aggravated by developments
and encroachments in the floodplain and that the appropriate method
of alleviating such condition is through regulation of such developments
and encroachments. It is therefore determined that the special and
paramount public interest in the floodplain justifies the regulation
of property located therein as provided in this section, which is
the exercise of the Police power of the Township, for the protection
of the persons and property of its inhabitants and for the preservation
of the public health, safety and general welfare.
A.
This article consists of this text and those certain
maps and reports entitled "State of New Jersey, Department of Environmental
Protection, Division of Water Resources, Flood Hazard Report No. 11,
South Branch of the Raritan and Report No. 9, Rockaway and South Branch
of the Rockaway," prepared by Anderson Nichols and Company, Boston,
Massachusetts, each showing the plan and profile of a portion of the
South Branch Raritan, Rockaway and South Branch Rockaway and the floodway
and flood hazard area adjacent thereto. This section specifically
includes the portions of the reports pertaining to watercourses within
Clinton Township. The reports are on file in the offices of the Township
Clerk and the Construction Official and are hereby incorporated into
this article by reference as though fully set forth in this text.
This article shall consist of this text and the said flood hazard
reports, together with official revisions, amendments and large-scale
maps showing floodway and flood hazard areas along watercourses as
may be approved from time to time, provided that such additional documents
are in agreement with the floodplain criteria and further approved
by the State of New Jersey, Department of Environmental Protection,
Division of Water Resources, or its successor agency.
B.
This article shall also incorporate by reference hereto
maps defining additional areas of potential flooding for those watercourses
in Clinton Township not surveyed in the report entitled "State of
New Jersey, Department of Environmental Protection, Division of Water
Resources, Flood Hazard Report No. 9, Rockaway and South Rockaway
and Report No. 11, South Branch Raritan," but found in the report
entitled "United States Department of Agriculture Soil Conservation
Service, Soil Survey of Clinton Township, Hunterdon County, New Jersey,"
in which floodplain soils and terrace soils are defined and delineated
in agreement with floodplain criteria approved by the United States
Department of Agriculture. The floodplain soils in such report shall
be treated as floodways; and the floodplain soils and the terrace
soils in such report shall be treated as flood hazard areas, as hereinafter
defined. This article shall also incorporate by reference any maps
prepared by the Corps of Engineers in connection with any application
for flood insurance.
As used in this article, the following terms
shall have the meanings indicated:
The bed and banks of watercourses in Clinton Township which
confine and convey continuously or intermittently flowing water.
The relative size or magnitude of a flood, expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria, represents a major flood of reasonable expectancy,
reflects both flood experience and flood potential and is the basis
of the delineation of the floodway and the flood hazard area and of
the water surface elevations thereof.
The elevations of the water surface of the floodway design
flood and the flood hazard area design flood as shown on the flood
map.
Subdivision plats, site plans or any other change in the
physical environment affecting flood control.
The floodway and additional portions of the floodplain that
are subject to flood flow at lesser depths and lower velocities than
the floodway, that are inundated by the flood hazard area design flood
and that are delineated on the flood maps as flood hazard area in
the Township of Clinton.
The maps identified in § 165-242.
The relatively flat area adjoining the channel which has
been or may be hereafter covered by floodwater of the stream.
The channel and portions of the adjacent floodplain that
carry the greater part of flood flow at greater depths and velocities
than do the other parts of the floodplain, that constitute the minimum
area required for the passage of flood flows without aggravating flood
conditions upstream and downstream, that are necessary to preserve
the natural regimen of the stream for the reasonable passage of the
floodway design flood and that are delineated on the flood maps as
floodway in the Township of Clinton.
Any assembly of materials above or below the surface of land
or water, including but not limited to buildings, fences, dams, fills,
dikes, embankments, docks, landings, obstructions, pipelines, causeways,
culverts, roads, railroads, bridges and the facilities of any utility
or governmental agency. Living trees or other vegetation shall not
be considered to be structures.
The following regulations shall govern developments
in the floodway and flood hazard area:
A.
No structure shall be erected or moved into, nor shall
any existing structure be externally altered or enlarged, nor shall
any material or equipment be stored, nor shall any fill be placed,
nor shall the elevation of any land be changed in the floodway, except
in accordance with a permit issued therefor as provided by this section;
provided, however, that agricultural and horticultural activities
are not included in the foregoing prohibitions.
B.
No structure shall be erected or moved into, nor shall
any existing structure be externally altered or enlarged, nor shall
any fill be placed in the flood hazard areas outside the floodway,
except in accordance with a permit issued therefor as provided by
this article.
C.
If interpretation of any map or report included in
this section with respect to exact limit of the floodway or flood
hazard area is requested by an applicant for a proposed development,
the Township Engineer shall, at the applicant's expense, upon the
request of such applicant, determine the precise location, by metes
and bounds, of the floodway or flood hazard area limit, and cause
the same to be marked on the ground by surveyor's marker and notify
the applicant, the Construction Official and the Planning Board of
the results thereof.
The following procedure shall govern the issuance
of such permits:
A.
The property owner shall apply to the Construction
Official for approval of development plans, which shall be submitted
with the application. Such plans shall include a true and accurate
plot plan, drawn by a licensed engineer, submitted in triplicate,
drawn to a scale of not less than one inch equals 50 feet, with contour
lines at intervals of not more than two feet, showing the exact size,
shape, location and elevation of existing and proposed structures
and of any proposed fill or regrading, the exact dimensions and acreage
of each lot or plot to be built upon or otherwise used, the location
of the floodway and flood hazard area limits, the location, layout
and elevation of existing and proposed parking areas, driveway drainage,
sewer and water facilities and connections, plantings, seedings, screenings,
fences and signs and such other information as shall be reasonably
required for an evaluation of the effect of the development upon flood
control.
B.
The Construction Official shall, within 10 days after
receiving the application, forward the same and the development plans
submitted therewith, together with his/her written report thereon,
to the Planning Board for review.
C.
Review by Planning Board.
(1)
The Planning Board shall refer the application to the State Division of Water Resources for report and recommendation, and the Board shall not take final action thereon until after such report and recommendations have been received or until after 30 days shall have elapsed from the date of such reference without receipt of such report and recommendation. The Planning Board shall review the application, and after giving the applicant an opportunity to appear and be heard with respect thereto, shall approve or disapprove same, being guided in its action by the standards set forth in § 165-246. Approval may be made conditional upon the applicant's adoption of specified changes. The Board shall state its reasons for its action in writing, and a copy thereof shall be given to the applicant.
(2)
If it is indicated that any variance is needed from
the provisions of the Zoning Ordinance, the Planning Board shall nevertheless
review the application, but approval thereof by the Planning Board
shall not relieve the applicant from complying with the provisions
of the Zoning Ordinance,[1] nor shall it constitute a recommendation of any zoning
variance that the applicant may thereafter seek from the Board of
Adjustment.
In reviewing applications submitted under § 165-245, the Planning Board shall consider and be guided by the general purposes set forth in § 165-241 and, in addition, shall apply the following standards:
A.
As to developments in the floodway, primary consideration
shall be given to preserving this area as defining the minimum capacity
required for the passage of flood flow without aggravating flood conditions
upstream and downstream. Encroachments therein shall therefore be
permitted most sparingly and only in cases in which the public interest
will be served, such as bridges, roads, utility installations and
the like and the temporary storage of material or equipment in connection
with and during the construction thereof, or where the obstruction
is minimal, such as surface parking or recreation areas, open fencing
and the like, and then, in either case, only in accordance with conditions
designed to limit the obstruction to the practicable minimum.
B.
As to developments in the flood hazard area outside the floodway, primary consideration shall be given to the protection of persons and property involved in the development, and such consideration shall not be avoided by the waiver of the applicant. Exceptions from the prohibitions of § 165-244B shall therefore be permitted only where the structure is not designed or intended as a human dwelling place, is not intended to house property of a value greater than its own value and will not by reason of its size, shape, construction or location have any substantial adverse effect upon the functioning of the floodway. The elevation of the floor, including cellar floor, of any building permitted shall not be less than one foot above the elevation of the design flood hazard flood.
A.
Any person who considers himself aggrieved by the
decision of the Planning Board may appeal the decision to the Township
Council by filing a written notice with the Township Clerk within
10 days after receiving notice of the Planning Board's decision. The
Township Council shall hold a hearing on the matter within 30 days
after the notice of appeal has been filed and may modify, affirm or
reverse the Planning Board's decision. In the event of introduction
of new evidence during the appellate procedure, the matter on appeal
shall be referred back to the Planning Board.
B.
In instances where only the floodway is involved,
the appeal shall be directed to the Commissioner of the Department
of Environmental Protection within 30 days after receiving notice
of the Planning Board's decision. Appeals shall be in conformance
with rules and regulations adopted by the Department of Environmental
Protection covering such appeals.
A.
Any person, partnership, corporation, municipal corporation, public agency or other entity violating any provision of this article shall be liable to the penalty stated in § 165-3. Notwithstanding this provision, the Township may proceed to obtain injunctive or other appropriate relief.
B.
In addition to the penalties herein provided, expenses
incurred by the Township in repairing or correcting any such violation
shall also be recoverable from the violating party. Each day of any
such violation shall constitute a separate offense under this section.
