[Amended by Ord. No. 345-87]

In all areas of special flood hazard the following provisions are required:

A. Anchoring.

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2) All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

B. Construction materials and methods.

(1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(2) All new construction of substantial improvements shall be constructed by methods and practices that minimize flood damage.

C. Utilities.

(1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters; and

(3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(4) Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

D. Subdivision proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.

E. Enclosure openings. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one foot above grade.

(3) Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

[Amended by Ord. No. 345-87]

In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 165-212, Basis for Establishing Areas of Special Flood Hazard, or § 165-218B(2), Use of other base flood data, the following standards are required:

A. Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above the base flood elevation.

B. Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall neither have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

(1) Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(3) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such a certification shall be provided to the Township Engineer as set forth in § 165-218B(3)(b).

C. Manufactured homes.

(1) Manufactured homes shall be anchored in accordance with § 165-220A.

(2) All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

Located within areas of special flood hazard established in § 165-212 are areas designated as floodwys. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:

A. Encroachments shall be prohibited, including fill, new construction, substantial improvements and other development, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. If Subsection A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 165-220 through 165-222.

C. The placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision, shall be prohibited.

D. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 foot at any point.

The general intent of this article is to manage the increased rate and velocity of surface water runoff created by alterations in the ground cover and natural runoff patterns.

To protect the public health, safety and welfare of the citizens of Clinton Township and the surrounding communities, this section is deemed necessary and essential in order to:

A. Maintain the adequacy of natural stream channels and prevent accelerated bank erosion by controlling the rate and velocity of runoff discharge to these watercourses so as to avoid increasing the frequency of the bank-full stage.

B. Prevent degradation of the stream biota caused by excessive flushing and sedimentation.

C. Prevent degradation of stream water quality due to impairment of the stream's biological function.

D. Enhance the quality of nonpoint runoff by water retention measures.

E. Preserve present adequacy of culverts and bridges by reducing artificially induced flood peaks.

F. Reduce public expenditures for replacement or repair of public facilities resulting from artificially induced flood peaks.

G. Prevent damages to life and property from flooding resulting from excessive rates, quantities and velocities of runoff. [Amended 12-12-2007 by Ord. No. 946-07]

H. Prevent the degradation of property by enhancing the environmental character of the streams of the Township.

As used in this article, the following terms shall have the meanings indicated:

APPLICANT - Any person, partnership, corporation or public agency requesting permission to engage in land disturbance activity, construction or development.

APPROVED PLAN - A plan to control surface water runoff, approved by the Municipal Planning Board.

CHANNEL - A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.

CONSERVATION EASEMENT - An agreement or covenant, attached to deed, dedicating land to permanent open space and prohibiting all land or vegetation disturbance, each agreement to be entered into between the applicant and the Township.

CRITICAL AREA - Any area which should not be disturbed by uses incompatible with the paramount public interest in the management of surface water runoff and attendant environmental damage. Examples of critical impact areas include but are not limited to lakes, ponds, floodplains and flood hazard areas, designated stream corridors, steep slopes, highly erodible soils, swamps, marshes, bogs, identified aquifer recharge and discharge areas and heavily wooded areas.

DRAINAGEWAY - Any watercourse, trench, ditch, depression or other hollow space in the ground, natural or artificial, which collects or disperses surface water from land.

EXEMPT DEVELOPMENT - Any development that creates less than 1,000 square feet of new impervious area and disturbs less than 2,500 square feet of land. Further, an exempt development shall not meet the definition of "minor development." [Added 12-14-2005 by Ord. No. 903-05]

LAND DISTURBANCE- Any activity involving the clearing, grading, transporting or filling of land, or any other activity which alters topography or vegetative cover.

MAJOR DEVELOPMENT - Any development that meets the definition of "major development" in N.J.A.C. 7:8 et seq. [Added 12-14-2005 by Ord. No. 903-05]

MAPS - Those listed by title on Page 10 of the Regional Stormwater Management Study and Plan and maps of the Clinton Township Natural Resource Inventory series referenced by number, all available for reference in the Planning Board office.

MEADOW OF GOOD HYDROLOGIC CONDITION - As defined by sheet RTSC - Engineer 200, Sheet one of two published by USDA-SCS February 1970.

MINOR DEVELOPMENT - Any development that results in the creation of 1,000 square feet or more of new 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 et seq. [Added 12-14-2005 by Ord. No. 903-05]

NATURAL DRAINAGE FLOW - The topographical pattern or system of drainage of surface water runoff from a particular site, including the various drainageways and watercourses which carry surface water only during periods of heavy rains, storms or floods. NONPOINT RUNOFF - Surface water entering a channel from no definable discharge source.

REGIONAL STORMWATER MANAGEMENT STUDY AND PLAN - The Regional Stormwater Management Study and Plan - Clinton Township, Lebanon Borough, Readington Township, published August 1974, sponsored by the Municipal Environmental Commission using local funds plus Ford Foundation grant and matching funds.

SEASONAL HIGH GROUNDWATER TABLE - As depicted on Map 4 of the Clinton Township Natural Resource Inventory series.

SURFACE WATER - All water produced by rain, flood, drainage, springs and seeps flowing over the land or contained within a natural or artificial watercourse.

SURFACE WATER MANAGEMENT PLAN - A plan consistent with the purposes and policies of this article which fully indicates necessary land treatment measures and techniques, including a schedule for implementation and maintenance.

SURFACE WATER RUNOFF- Any overland flow of water across the ground surface.

SURFACE WATER RUNOFF DAMAGE - All damage or harm to property values, land, vegetation and water supplies which results or is likely to result when the dispersion of surface water, typical of land in a meadow of good hydrologic condition, is increased in rate, velocity or quantity. Such damage or harm includes but is not limited to flooding, soil erosion, siltation and other pollution of watercourses and diminished recharge of groundwater.

WATERCOURSE - All rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs and other bodies of water, natural or artificial, public or private, which are contained within, flow through or border on Clinton Township or any portion thereof.

WATERSHED - An area of surface water runoff related to a point of concentration as shown on the map, Watersheds Overlay, of the Regional Stormwater Management Study and Plan or Map No. 9 of the Clinton Township Natural Resource Inventory series.

[Amended 12-14-2005 by Ord. No. 903-05]

A. Review Agency. All applications subject to the review of the Planning Board or Board of Adjustment shall be reviewed by those Boards concurrently with subdivision or site plan review. Applications not subject to Planning Board or Board of Adjustment review shall be reviewed by the Municipal Engineer.

B. No person shall engage in any land disturbance activity on any property within the Township without having submitted a surface water runoff management plan, together with a soil erosion and sediment control plan to the review agency and obtained approval of such plan and permit, except for the following exempted activities:

(1) Plans for development where the vegetative cover will not be disturbed.

(2) Agricultural use of lands when operated in accordance with farm conservation practices approved by the local Soil Conservation District.

C. No person shall obstruct or otherwise interfere with any dramageway, surface water, surface water runoff, or watercourse in such a manner as to cause or result in surface water runoff damage. [Added 12-12-2007 by Ord. No. 946-07]

[Amended 12-14-2005 by Ord. No. 903-05]

A. Standards for relief. Waivers from strict compliance with the design standards shall only be granted upon showing that such exceptions from the requirements may be reasonable and within the general purpose and intent of the provisions of this section if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.

B. Mitigation. If the review agency for the project determines that a waiver is appropriate, the applicant must execute~a mitigation plan. The scope of the mitigation plan shall be commensurate with the size of the project and the magnitude of relief required. The mitigation project may be taken from the list of projects in the municipal Stormwater management plan or another project identified by the applicant. All mitigation projects are subject to the approval of the Municipal Engineer.

A. The surface water management plan or any major revision shall be approved by the Planning Board in the manner and form and according to the regulations hereafter set forth.

B. The Planning Board, on approving the surface water management plan, may impose lawful conditions or requirements designated or specified on or in connection therewith. These conditions and requirements shall be provided and maintained as a condition to the establishment, maintenance and continuance of any use or occupancy of any structure or land.