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, 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 defilln-the iiliiiiillulll 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.