A. Applicability. The channel and floodplain of any stream or watercourse, the flood hazard area of which has not been marked, delineated or mapped by the Department of Environmental Protection or the Federal Emergency Management Agency, and the floodplain of which has not been delineated or mapped by the Freehold Township Environmental Commission, shall be subject to the following rules and regulations.

B. Mapping of floodplains by individual engaging in prohibited or regulated activity.

(1) Any person intending to engage in a prohibited or regulated use or activity as herein defined on lands traversed by or abutting a stream or watercourse, the flood hazard area or floodplain of which has not been delineated or mapped, shall prior to engaging in such prohibited or regulated use or activity cause the floodplain, flood hazard area (floodway and flood-fringe) and channel of such stream or watercourse to be delineated and mapped by a licensed professional engineer of the State of New Jersey based on the one-hundred-year storm and accepted engineering practices to the satisfaction of the Township Engineer and, where applicable, the State Department of Environmental Protection.

(2) Upon the completion of such delineation and mapping process, such person shall be barred from engaging in any prohibited use or activity absolutely and from engaging in any regulated use or activity unless a regulated use permit has been applied for and received.

C. Prohibited uses. No person shall hereafter engage in or cause other persons to engage in any of the following prohibited activities or land uses within the channel or floodplain of any stream or watercourse to which this section applies, unless such use or activity qualifies as a lawful preexisting use under §166-12 or is otherwise exempt:

(1) Placing, depositing or dumping any solid waste in a sanitary landfill or otherwise.

(2) Processing, storing, discharging, dumping or disposing of pesticides, domestic or industrial wastes, radioactive materials, petroleum products or other hazardous materials, except as authorized under other provisions of law, including authorized Mosquito Control Commission programs.

D. Regulated uses. No structure, fill, obstruction, encroachment, excavation, channel modification or relocation shall be undertaken, placed, continued or allowed to remain within the floodplain or flood hazard area of any stream or watercourse to which this section applies without a regulated use permit having been applied for and received, unless such use qualifies as a lawful preexisting use under §166-12 or is otherwise exempt.

Subject to the provisions of §166-12 (Preexisting uses) and §166-13 (Maintenance and repair), no person shall hereafter engage or cause other persons to engage in any regulated use or activity as defined in §§166-6C and 166-7D unless and until such person shall have applied for and received from the Township Planning Board a regulated use permit. The Township Planning Board is appointed to administer and implement this chapter.

A. Duties and responsibilities of the Planning Board shall include but not be limited to the following. The Planning Board shall:

(1) Review all development permits to determine that the permit requirements of this chapter have been satisfied.

(2) Review all development permits to require that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

(3) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.

(4) For all new or substantially improved floodproofed structures:

(a) Verify and record the actual elevation (in relation to mean sea level); and

(b) Maintain the floodproofing certifications required in Subsection C(2)(c) of this section.

(5) Maintain for public inspection all records pertaining to the provisions of this chapter.

(6) Alteration of watercourses:

(a) Notify adjacent communities and the New Jersey Department of Environmental Protection prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

B. Township Engineer. When base flood elevation and floodway data has not been provided in accordance with §166-4A, the Township Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection G(5) and (6).

C. Application procedures.

(1) An applicant for a regulated use permit shall request an application number and an application form from the Secretary of the Planning Board. A nonrefundable application fee as provided in Chapter 150, Fees, must accompany the request. The application number shall identify the application and shall be predominantly displayed on all correspondence and submissions of information relating to the application. The request shall include the applicant's name, address, a brief description of the proposed project and the project's location. The Secretary of the Planning Board shall send the applicant his application number and application form, which shall be returned to the Secretary of the Planning Board and copies forwarded to the appropriate agencies (see application form for all required information).

(2) The application shall include but is not limited to the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, and drainage facilities; and the location of the foregoing. Specifically, the following information is required:

(a) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;

(b) Elevation in relation to mean sea level to which any nonresidential structure has been floodproofed;

(c) Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of Subsections G and H of this section and which, after the structure is built, shall 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.

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(3) Completion of application; copies submitted.

(a) The applicant shall submit to the Planning Board at least five copies of the completed application and any additional information required and shall submit at least two copies of the completed application to the Township Engineer and, upon receipt of a declaration of completeness, shall within three days thereof submit an additional five copies to the Township Environmental Commission. A nonrefundable application processing fee as provided in Chapter 150, Fees, shall be submitted to the Planning Board with the completed application.

(b) All information shall be complete, responsive and accurate to the best of the applicant's knowledge and ability and if required to be in platted form shall be prepared by a licensed professional engineer.

(4) Declaration of completeness and submission of additional information.

(a) The Planning Board shall make a formal declaration of the completeness or incompleteness of an application within 14 days of its receipt and shall notify the applicant in writing within three days of such declaration.

(b) In lieu of the making of a declaration of completeness or incompleteness, the Planning Board may request in writing additional information other than that disclosed on the application and which is reasonably necessary for the proper review of the application, which request shall suspend the running of the fourteen-day period following the receipt of any application.

(c) Upon the receipt of all the additional information requested, the Planning Board shall within 14 days make a formal declaration of completeness or incompleteness of the application. The failure of the Planning Board to make a formal declaration of completeness or incompleteness or to request additional supplementary information within 14 days of the initial receipt of an application shall result in its being deemed complete.

(5) Notification to other parties: The applicant shall notify in writing all property owners within 200 feet that he has applied for a regulated use permit. Such notification shall be made within three days of the receipt of the declaration of completeness and shall include the name and address of the applicant, location of the proposed use, and abbreviated description of the use or activity and a statement that written objections to the application must be forwarded to the Planning Board within 30 days of the receipt of such notification.

(6) Site plan or major subdivision applications to be consolidated with regulated use permit applications:

(a) Any person who intends to apply for a regulated use permit hereunder and who further intends to apply for major subdivision approval or for site plan approval pursuant to Chapter 190, Land Use, of this Code shall consolidate all information required by the regulated use permit application to be platted form, with all tentative and final major subdivision plats and site plan plats submitted under Chapter 190.

(b) Where platted information has been consolidated as herein required, the Planning Board shall consider simultaneously the application for regulated use permit and the application for major subdivision approval or site plan approval.

(c) Where platted information has been consolidated as herein required, such consolidation shall not constitute a waiver of the requirements of any other provision of this or any other chapter, except that the Planning Board shall not be required to issue, issue with conditions, or deny a regulated use permit within 45 days as set out in Subsection E of this section but may refrain from taking any action on such regulated use permit application until final major subdivision or site plan approval is granted or denied.

(d) This subsection is in no way intended to excuse any applicant for major subdivision or site plan approval from any other applicable provision of Chapter 190, Land Use, of this Code, or any other provisions of law, but is solely intended to eliminate the necessity for dual plat submission.

D. Review and comment by interested parties.

(1) Completed applications shall be available in the office of the Planning Board in the Municipal Building during normal working hours for at least 10 calendar days prior to review by the Planning Board.

(2) Any interested party may submit written comments to the Planning Board within the thirty-day period following the date the application was declared complete.

E. Review by Planning Board and Engineer. In reviewing any regulated use permit application, the Planning Board shall consider the written comments of the Township Engineer and all written comments received from the Township Environmental Commission or other interested party within 30 days of the issuance of a declaration of completeness and shall further consider all of the following criteria as they apply to the proposed use or activity:

(1) The danger to life and property due to increased flood heights or velocities caused by encroachments.

(2) The danger that materials may be swept onto other lands or downstream to the injury of others.

(3) The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination, and unsanitary conditions resulting from flooding.

(4) The susceptibility of the proposed use to flood damage and the effects of such damage.

(5) The need for a waterfront location and the availability of alternate locations not subject to flooding within the applicant's property.

(6) The duration, rate of rise, and sediment transport of floodwaters expected at the site.

(7) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(8) The extent to which the water-carrying capacity of the floodway or channel would be disrupted.

(9) The degree to which the proposed use would serve the general public health, safety and welfare.

(10) The degree to which any aspect of food chain or plant, animal, fish or human life processes would be affected adversely within or beyond the proposed use area.

(11) Whether the proposed use provides adequate facilities for the proper handling of litter, trash, refuse and sanitary and industrial wastes.

(12) The degree to which the proposed activity would alter natural water flow or water temperature.

(13) The degree to which archaeological or historic sites and structures endangered or rare species of animals or plants or irreplaceable land types would be degraded or destroyed.

(14) The degree to which the natural, scenic and aesthetic values at the proposed activity site could be retained.

F. Issuance, conditional issuance or denial of regulated use permit.

(1) The Planning Board shall, within 45 days, unless the applicant waives such action in writing or proceeds pursuant to Subsection C(6) of this section, notify the applicant in writing of the issuance, issuance with conditions or denial of a regulated use permit, and a copy of such notification shall be submitted to each party who submitted written comments on the application.

(2) A written notification of conditional issuance or denial shall state the reasons for such action.

(3) The Planning Board shall only issue a regulated use permit if, after review and consideration of the application and the written comments submitted thereon, with due regard for the criteria of Subsection E of this section, it finds that the use or activity as proposed by the applicant, or as conditioned by the Planning Board:

(a) Has low flood damage potential;

(b) Neither obstructs flood flows nor increases flood heights or velocities unduly, whether acting alone or in combination with other existing or expected uses;

(c) Does not degrade significantly the water-carrying capacity of any delineated floodway or channel;

(d) Does not increase significantly the rate of local runoff, erosion and sedimentation;

(e) Does not degrade significantly the quality of surface water or the quality and quantity of groundwaters;

(f) Does not stress unduly the environment of the floodplain;

(g) Does not require channel modification or relocation;

(h) Does not involve the storage of hazardous materials; and

(i) Does not require excessive fill.

G. Conditional issuance; permissible conditions. The Planning Board may impose such conditions on regulated uses as it deems necessary to promote and protect the public safety, health and welfare, to protect public and private property and to preserve, protect and enhance the natural environment of the floodplain and, to the maximum extent possible, existing natural features such as trees, other vegetation and the natural configuration of the land. Such conditions will include, but are not limited to, the following:

(1) Anchoring.

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

(b) 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.

(c) Specific requirements shall be that:

[1] Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long requiring one additional tie per side;

[2] Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;

[3] All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

[4] Any additions to the mobile home be similarly anchored.

(2) Construction materials and methods.

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

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

(3) Utilities.

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

(b) 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.

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

(d) 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.

(4) Subdivision proposals.

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

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

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

(d) 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.

(5) 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.

(6) Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.

(7) Mobile homes.

(a) Mobile homes shall be anchored in accordance with Subsection G(1) of this section.

(b) 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.

(8) 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: 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. The bottom of all openings shall be no higher than one foot above grade. Openings may be provided that permit the automatic entry and exit of floodwaters.

H. In areas of special flood hazard, any or all of the following measures may also be required:

(1) Floodproofing to include any or all of the following:

(a) Installation of watertight doors, bulkheads, and shutters or similar devices.

(b) Reinforced walls to resist water pressures.

(c) Use of paints, membranes, or mortars to reduce seepage of water through walls.

(d) Addition of weight to structures to resist flotation.

(e) Installation of pumps to lower water levels in structures.

(f) Pumping facilities, or comparable measures, for the subsurface drainage system of buildings to relieve external foundation wall and basement flood pressures.

(g) Construction that resists rupture or collapse caused by water pressure or floating debris.

(h) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.

(i) Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.

(j) Adequate emergency electrical power supplies.

(2) Imposition of operational controls, sureties, and deed restrictions.

(3) Requirements for construction of dikes, levees, and other protective measures.

(4) Installation of an adequate flood warning system on the project site.

(5) All fill and other earth work must be established according to the Soil Conservation Service (Freehold District).